Neutral Citation No. - 2025:AHC:42096 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37951 of 2024 Applicant :- Vandana Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Dubey,Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by the State-respondent is taken on record. 2. Heard Shri Anjani Kumar Dubey, learned counsel for the applicant and Shri Pradeep Kumar, learned A.G.A. for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.151A of 1998, under Section 302 I.P.C., Police Station Auraiya, District Auraiya, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits, instant case is of the year 1998 but after investigation final report was submitted on 01.09.1991 and on the protest petition, applicant was summoned alongwith others but when applicant alongwith others challenged the summoning order before this Court in Criminal Revision No.5363 of 1999 then this Court on 29.10.1999 stayed the summoning order passed against the applicant but unfortunately in the year 2010 criminal revision filed by applicant was dismissed due to non presence of the counsel for the applicant and when applicant came to know about this fact then she filed recall application but her recall application was also dismissed . 5. He further submits that however recall application of the applicant was dismissed in the year 2019 but counsel for the applicant did not inform this fact to the applicant, therefore, applicant could not become about the order passed in the year 2019 and when she came to know about this order then she herself surrendered before the court concerned on 09.08.2024 and therefore, applicant is not an absconder. 6. He further submits that as far as merit of the present case is concerned, the deceased of the present case after entering in the house of the applicant when tried to commit rape upon her then in this regard an FIR was lodged against him by the husband of the applicant and immediately thereafter as a counterblast, FIR of the present case was lodged. 7. He further submits that even from the FIR of the present case, it appears, neither informant nor anybody could see the real incident. 8. He further submits that applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 09.08.2024 i.e. for last more than six months. 9. Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, it appears, the present case is of the year 1998 and applicant is in jail in the present matter since 09.08.2024 i.e. for last more than six months but considering the argument advanced by learned counsel for the applicant, it appears, she was not an absconder. 12. Further, as far as merit of the present case is concerned, from perusal of the FIR of the present case, it reflects, no body could see the real incident and it also reflects, before lodgement of the FIR of the present case, husband of the applicant also lodged an FIR against the deceased of the present case with the allegation that he tried to commit rape upon the applicant and considering this fact, the false implication of the applicant, cannot be ruled out at this stage. 13. Further, during investigation, involvement of the applicant and others were found false and final report was submitted in their favour and applicant and others were summoned on the basis of protest petition. 14. Further, applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 09.08.2024 i.e. for last more than six months. 15. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Vandana, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.3.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad