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Neutral Citation No. - 2025:AHC:19114 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46449 of 2024 Applicant :- Shivani Alias Shiva Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Subhash Chandra Yadav, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 159 of 2024, under Sections 498A, 304B, 201 IPC and Section 3/4 D.P. Act, Police Station Makkhanpur, District Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that applicant is unmarried sister in law of the deceased and on the basis of false allegations she has been made accused in the present matter alongwith her family members including her brother i.e. husband of the deceased. 4. He further submitted that there is no specific allegation against the applicant and from the record it reflects that deceased committed suicide before a running train and therefore, it appears to be a case of accidental death and after considering entire facts of the case, cousin mother in law of the deceased has been released on bail by this Court and her bail order has been annexed at page 86 to the paper book. 5. He further submitted that apart from the present case, applicant is having no previous criminal history and in the present matter, she is in jail since 19.9.2024. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that applicant is unmarried sister in law of the deceased and there is no specific allegation against her and cousin mother in law of the deceased has already been released on bail by this Court and applicant is having no previous criminal history and in the present matter, she is in jail since 19.9.2024, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant- Shivani Alias Shiva, 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. 11. 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. 12. 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 :- 10.2.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad