HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3323 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. At the very outset, learned counsel for the applicant has contended that though the instant bail application has been moved on behalf of the applicant under Section 305, 317(2) of B.N.S., 2023, before this Court, but during the pendency of the instant bail application the charge sheet has been filed on 07.02.2025 wherein Section 305 of B.N.S. has been dropped and in its place Section 305-A, 331(3) has been added along with Section 317 (2) of B.N.S. He further submits that the applicant had moved bail application before the concerned court below in the added Sections, however the same has been rejected vide order dated 05.03.2025, certified copy of which order is at page no. 27 of the supplementary affidavit. The aforesaid averments have also been brought on record by means of the supplementary affidavit dated 19.09.2025. Learned counsel further argued that now the applicant is seeking bail under Section 305A, 317(2), 331(3) of B.N.S., and prays to permit him to correct the prayer of memo of bail application. 2. In view of above, learned counsel for the applicant is permitted to correct the prayer of memo of bail application during the course of the day. 3. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Shri Vishal Mohan Gupta, learned counsel for the informant and perused the material brought on record. 4. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against in unknown alleging therein that some unknown persons by opening locker of the informant took away 40 tola gold and 50-60 tola silver. False recovery of gold and silver ornaments were implanted upon the applicant after her arrest. Learned counsel has drawn attention of the Versus Counsel for Applicant(s) : Ashish Kumar Srivastava, Sr. Advocate Counsel for Opposite Party(s) : G.A., Vishal Mohan Gupta Smt. Priya Garg .....Applicant(s) State of U.P. .....Opposite Party(s) Court to the recovery memo in which signature of informant is mentioned as a witness of such recovery, but the informant during trial appeared as P.W.1 and in her cross-examination she has specifically stated that the police has not recovered any article related to this crime in his presence, thus, learned counsel submits that applicant has been falsely implicated in the case by the police with ulterior motive. 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 she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that the applicant is in jail since 14.12.2024, with no criminal history. 5. Per contra, learned A.G.A. as well as learned counsel for the informant have 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. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicant-Smt. Priya Garg, be enlarged on bail in Case Crime No. 0738 of 2024, under Sections 305A, 317(2), 331(3) of B.N.S., Police Station- Modinagar, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 any 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. 8. In case of default of any of the conditions enumerated above, the court BAIL No. 3323 of 2025 2 concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 22, 2025 Mustaqeem. BAIL No. 3323 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad