HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35477 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 246 of 2025, under Section 105 B.N.S., Police Station- Sehramau South, District- Shahjahanpur during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 13.8.2025. The first information report was lodged on 17.8.2025. The delay is fatal to the prosecution case. Placing reliance on the statements of the independent witnesses namely, Akhilesh and Ali Mohammad, it is contended that the said hospital known as Zara Multi Specialty Hospital was run by co-accused Faiz Khan and Arif. The operation of the wife of the informant was also done by them. The applicant had no knowledge that the said hospital was not registered and the co-accused Faiz Khan and Arif were not qualified doctors. At this stage, there is no corroborative evidence to link the applicant with the offence. The case of the applicant is clearly distinguishable from that of co-accused Faiz Khan and Arif. The applicant is a lady and is in jail since 18.8.2025 having no criminal history. In case she is enlarged on bail, she will not misuse the said liberty. 4. Learned A.G.A. for the State opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. Versus Counsel for Applicant(s) : Vipul Shukla, Ajay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Saeen .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the independent witnesses namely, Akhilesh and Ali Mohammad in their statements have stated that the said hospital known as Zara Multi Specialty Hospital was run by co-accused Faiz Khan and Arif. The operation of the wife of the informant was also done by them. At this stage, there is no corroborative evidence to link the applicant with the offence. The applicant is a lady and has no criminal antecedents. Further the applicant has presently remained confined for more than seven months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Saeen involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. March 18, 2026 S.S. BAIL No. 35477 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad