Neutral Citation No. - 2025:AHC:63368 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45237 of 2024 Applicant :- Garima Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Nisha Chouhan,Shailendra Singh Rathore,Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- Anshuman Singh,G.A.,Vinay Kumar Dubey Hon'ble Dr. Gautam Chowdhary,J. 1. Heard Ms. Nisha Chauhan, learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the allegation against the applicant is that she by cheating got transferred certain amount in her bank account. Learned counsel argued that the applicant is an illiterate lady and her bank account has been opened by her husband Sumit Misha, who is also an accused in the present case and her bank account is was being operated by her husband Sumit Mishra. Learned counsel further argued that the applicant was working in the office of the informant as a driver, however she was not aware of the same and the involvement of the applicant's husband and the informant in the gambling business. Learned counsel next argued that the applicant is mother of two children. The second baby was born on 05.04.2024 whereas the applicant is in jail since 19.08.2024 as such the nourishment of the children are not being done properly. Learned counsel next argued that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, bank account was operated by her husband Sumit Mishra, applicant is mother of two children, whose nourishment are difficult in the absence of applicant, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Garima Mishra involved in Case Crime No.802 of 2024 under Sections 386, 419, 506, 120-B I.P.C., Police Station Indrapuram, District Ghaziabad, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. Order Date :- 24.4.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad