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Neutral Citation No. - 2025:AHC:67477 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5731 of 2025 Applicant :- Smt. Vimla Devi Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar,Keshav Hari Dixit,Purushottam Dixit Counsel for Opposite Party :- Arun Kumar Pal,G.A.,Yadvendra Singh Hon'ble Sameer Jain,J.
1. Heard Sri Purushottam Dixit, learned counsel for the applicant, Sri Rajeev Dhar Dwivedi, learned A.G.A. for the State-respondent and Shri Arun Kumar Pal, learned counsel for the informant. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.449 of 2023, under Sections 304 I.P.C. and Sections 15(2), 15(3) Indian Medical Council Act, Police Station Palimukeempur, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation, applicant has been made accused in the present matter along with her husband Suresh Chandra and after considering the entire facts of the case, co-accused Suresh Chandra i.e. husband of the applicant has been released on bail by this Court vide order dated 06.02.2025 passed in Criminal Misc. Bail Application No.1706 of 2025 and on facts case of applicant is at par with him. 4. He further submits that applicant is a lady and she is not having any criminal history and in the present matter she is in jail since
24.12.2024. 5. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Suresh Chandra i.e. husband of the applicant has been released on bail and applicant is a lady and she is not having any criminal history and in the present matter she is in jail since 24.12.2024, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9.
Let the applicant - Smt. Vimla Devi 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 her 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. 10. 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. 11. 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 :- 30.4.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad