Neutral Citation No. - 2025:AHC:10699 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46178 of 2024 Applicant :- Smt. Komal Sahu Opposite Party :- State of U.P. Counsel for Applicant :- Vimlendu Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Vimlendu Tripathi, learned counsel for the applicant, Sri Uday Gopal, learned counsel for the informant and Sri Ashutosh Singh, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.384 of 2024, under Sections 191(2), 191(3), 103 (1) & 3(5) B.N.S., Police Station-Kotwali, District-Budaun, during pendency of the trial in the court below. 3. FIR of the present case was lodged on 8.11.2024 under sections 191(2), 115 (2) and 109 B.N.S. against applicant and four others and four unknown persons and according to the FIR on 8.11.2024 at 2.00 PM in the evening when brother of the informant had gone to buy vegetables then applicant and other accused persons who indulged in illegal activities made assault upon him from sharp edged weapon and iron rods due to which he sustained serious injuries and thereafter, police admitted him in the hospital. 4. It is further mentioned in the FIR that as earlier informant side made complaint against the applicant and others for their illegal activities, therefore they were having animosity with the deceased. 5. Learned counsel for the applicant submits that initially FIR of the present case was lodged under sections 191(2), 115 (2) and 109 B.N.S. but after the death of the injured case was converted under section 103 (1) B.N.S. 6. He further submits that applicant is lady and totally on the basis of false allegation she has been made accused in the present matter along with others. 7. He further submits that from the FIR and other material available on record it could not be reflected that either informant or any other witness could witness the real incident and it appears that as relationship between applicant and informant side was not cordial one therefore, after the incident due to previous animosity applicant has been made accused in the present matter along with others. 8. He further submits that admittedly deceased was admitted in the hospital by the police personnel and this fact clearly suggest that when he was found in injured condition by the police then he was admitted by them. 9. He further submits that from the record it reflects that constable Hinmashu Sagar has admitted the deceased in the hospital. 10. He next submitted that except the bald and verbal allegation, there is no cogent evidence on record which can suggest that applicant and nominated accused persons made assault upon the deceased. 11. He further submitted that applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 19.11.2024. 12. Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that it is a case of brutal murder and applicant along with others committed the murder but they could not dispute the fact that from the record it could not be reflected that either informant or any other witnesses, could witness the real incident. 13. They further could not dispute the fact that applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 19.11.2024. 14. I have heard learned counsel for the parties and perused the record of the case. 15. However, applicant has been specifically named in the FIR along with others but from perusal of the FIR and the statement of the informant recorded during investigation it could not be reflected that she was the eye witness. 16. Further, however, from the record it reflects that during investigation investigating officer recorded the statement of other witnesses but from their statements also it could not be reflected that they were eye witnesses and considering this fact, argument advanced by learned counsel for the applicant that due to the previous enmity which has been admitted by informant in the FIR applicant has been made accused in the present matter cannot be ruled out at this stage. 17. Further, only on the basis of general and omnibus allegation, applicant who is lady has been made accused in the present matter and she is not having any criminal history. 18. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 19. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 20. Let the applicant- Smt. Komal Sahu 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 her 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. 21. 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. 22. 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 :- 22.1.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad