Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36442 of 2024 Applicant :- Asha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Brahma Nand Singh,Subhash Chand Kanaujia Counsel for Opposite Party :- G.A.,Shikha Saxena Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0131 of 2024 at Police Station Mirzamurad, District Varanasi under Sections 147, 148, 323, 504, 506, 149, 452, 307 and 302 I.P.C. The applicant is in jail since 15.06.2024. The bail application of the applicant was rejected by the learned trial court on 23.07.2024. The following arguments made by Shri Brahma Nand Singh,learned counsel assisted by Shri Subhash Chand Kanaujia, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Smt. Shikha Saxena, learned counsel for the informant and Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The FIR arises out of a festering land dispute between the Dubey family and the family of the first informant. The altercation between the parties turned into a violent incident. 2.The principal offenders are the menfolk of the applicant's family. The applicant has been nominated only to bring the women folk of the family into disrepute. 3. The applicant wielded a lathi only for his self defence against the attackers. 4. CCTV footage does not corroborate the applicant inflicting fatal injuries to the deceased. 5. The role of the applicant is distinguishable from the principal offenders. 6. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Asha Devi be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 8.1.2025 Dhananjai Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad