Neutral Citation No. - 2025:AHC-LKO:36251 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5588 of 2025 Applicant :- Deepika Srivastava @ Deepika Misra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Faisal Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Sri Aditya Shukla, advocate, has put in appearance by way of filing vakalatnama on behalf of the complainant and the same is taken on record. Heard learned counsel for the applicant, Sri Aditya Shukla, counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 0322 of 2024 under sections 419, 420, 467, 468 and 471 of IPC, P.S.- Khairabad District - Sitapur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is neither vendor, vendee nor the marginal witness of the sale deed in question. He next submits that the applicant is not given anyway beneficiary of the sale consideration of the land in question. He next submits that there is no any documentary evidence against the applicant so as to commit the offence and only on the basis of oral assertion of the parties, she has been implicated. Further submission is that there is a case criminal history which is pertaining to the same transaction. He also submits that the applicant is a woman and the chargesheet has been filed against the applicant thus, there is no possibility that he would tamper the evidence or would threaten the witnesses coupled with the fact that she is languishing in jail since 22.05.2025 and she undertakes that in case, she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned counsel appearing for the complainant has opposed the contentions aforesaid and submits that the present applicant is a key player and on the basis of certain fabrication with the document, she has committed cheat and fraud, thus, submission is that she is not entitled for bail. Learned A.G.A. appearing for the State has supported the version of counsel for the complainant and submits that after thorough investigation, the chargesheet was filed against the present applicant and as such, she is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is neither vendor, vendee nor the marginal witness of the sale deed in question and counsels of the opposite parties have also failed to demonstrate any evidence/document with respect to the fact that the applicant is anyway beneficiary of the sale deed in question; the applicant is languishing in jail since 22.05.2025; the applicant has a case criminal history which has satisfactorily been explained; chargesheet has been filed; prima facie, there is no cogent piece of evidence against the applicant so as to connect her with the offence coupled with the fact that the applicant has undertaken that in case, she is granted bail, she will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Deepika Srivastava @ Deepika Misra involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 24.6.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench