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Neutral Citation No. - 2025:AHC:62033 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4457 of 2025 Applicant :- Renu Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- Deepak Dubey,G.A. Hon'ble Sameer Jain,J.
1. Sri Deepak Dubey, learned Advocate at the very outset submits, however, he was engaged in this case by the informant of the case but now he is not having any instructions, therefore, he is no more counsel for the informant in the present case. 2. Heard Sri J.P. Mishra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 596 of 2024, under Sections 140(1), 103(1),61(2), 238, 3(5) B.N.S., Police Station Kasganj, District Kasganj during pendency of the trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged against six persons (non applicant) with regard to murder of the wife of the informant and during investigation one Boby was made accused and when his statement was recorded then he disclosed the name of applicant. 5. He next submits, it is a case of circumstantial evidence and except statement of co-accused and confessional statement of the applicant, there is no other cogent evidence against the applicant on record. 6. He further submits, even from the record it reflects with the aid of Section 61(2) B.N.S., applicant has been made accused in the present matter. 7. He further submits, applicant is not having any criminal history and in the present matter she is in jail since 14.09.2024 i.e. for last more than seven months. 8. Per contra, learned AGA opposed the prayer for bail but could
not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, it appears to be a case of murder of a lady advocate but applicant was not named in the FIR and it appears, with the aid of section 61(2) B.N.S. she has been made accused in the present matter during investigation through the statement of co-accused Boby and it reflects, except the statement of co-accused and confessional statement of the applicant there is no cogent evidence on record. 11.
Further, co-accused Keshav Mishra was named in the FIR and he has been released on bail by the co-ordinate Bench of this Court and his bail order has been annexed at page-83 of the paper-book and on facts case of applicant is on better footing than him. 12. Further, applicant is not having any criminal history and in the present matter she is in jail since 14.09.2024 i.e. for last more than seven months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant - Renu 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 his 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 him 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. 16. 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. 17. 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 :- 23.4.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad