Neutral Citation No. - 2025:AHC-LKO:38821 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6319 of 2025 Applicant :- Neelam Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. As per the contents of the First Information Report, the allegation against the applicant is that she executed a sale deed in favour of the informant’s sister-in-law on 11.09.2018. Subsequently, the informant came to know that the said sale deed was executed fraudulently, as the property in question had already been mortgaged with a bank, and this fact was allegedly concealed by the applicant. Learned counsel for the applicant submits that the applicant is a woman and has no criminal antecedents. It is further submitted that the co-accused, Ajay Awasthi @ Ajay Kumar Awasthi, the husband of the applicant, has already been granted bail by a coordinate Bench of this Court. The offences alleged are triable by a Magistrate. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application on the ground that a loan had already been sanctioned and disbursed into the account of the co-accused, and the applicant was making repayments towards the same. Learned counsel for the applicant contends that the alleged act does not constitute the offence of forgery, and the validity of the sale deed is not under challenge. All such issues are to be adjudicated during the course of trial. Considering the fact that the applicant is a lady; she has no criminal antecedents; the offences are triable by a Magistrate; the period of incarceration undergone by her; and the undertaking to cooperate during trial, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Let the applicant Neelam Awasthi involved in Case Crime No.375 of 2024, under Sections 316(2), 319(2), 318(4), 338, 336(3), 340(2), 351(2), 352 BNS, P.S. Sarojini Nagar, District Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). Order Date :- 9.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench