Neutral Citation No. - 2025:AHC:21472 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43192 of 2024 Applicant :- Smt Jyoti Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Tyagi,Virpratap Singh Counsel for Opposite Party :- Amit Rana,G.A. Hon'ble Vivek Varma,J. 1. Case called out. Counsel for the informant is not present. On 07.02.2025 also counsel for the informant was not present. 2. Heard counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the record. 3. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 306 of 2024, under Sections 126(2), 309(6), 308(7), 115(2), 352, 351(2), 318(4), 317(2), 3(5) of B.N.S., Police Station- Medical College, District- Meerut, during pendency of the trial. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. In the second statement of the informant, the name of the applicant was disclosed. It is contended that the second statement is an afterthought and the same discredits the prosecution case. It is next contended that false recovery of a ring has been shown from the applicant. There is no independent witness to the alleged recovery. No test identification parade was got conducted by the Police authorities. The applicant is a lady and has no criminal antecedents. The applicant is in jail since 02.09.2024 and in case she is enlarged on bail, she will not misuse the said liberty. 5. Learned brief holder has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 6. Having heard learned counsel for the parties and having perused the record this Court prima facie finds that the applicant was not named in the first information report. The name of the applicant was disclosed in the second statement of the informant. There is no independent witness to the alleged recovery. At this stage, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Smt Jyoti involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 14.2.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad