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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44835 of 2024 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J.
1. Learned counsel for the applicant has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the applicant, Shri Ajay Kumar Singh, learned Brief Holder for the State-respondents and perused the record. 3. This bail application under Section 439 Cr.P.C., has been moved on behalf of accused-applicant, Smt. Meena, seeking enlargement on bail in Case Crime No. 175 of 2024, under Sections 302/34 IPC, Police Station Sahawar, District Kasganj. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 03.09.2024. Learned counsel for the applicant submits that prosecution witnesses, namely, Rajendra, PW1, during his examination before the Trial Court has been declared hostile. He has also been cross examined by the learned DGC, but he failed to support the case of prosecution. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of Versus Counsel for Applicant(s) : Manish Kumar Kashyap, Prabhakar Pal, V.P. Singh Kashyap Counsel for Opposite Party(s) : G.A., Satyaveer Singh Smt Meena .....Applicant(s) State Of Up Thru Its Secretary Home .....Opposite Party(s)
accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Smt. Seema, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv.
The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. September 9, 2025 v.k.updh. BAIL No. 44835 of 2024 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad