HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35117 of 2025 Court No. - 70 HON'BLE SANTOSH RAI, J. 1. Heard learned counsel for the applicant; learned AGA for the State and perused the material placed on record. 2. The instant bail application has been filed on behalf of the applicant Diksha Tiwari with a prayer to release her on bail in Case Crime No.20 of 2023, under Sections 420, 467, 468, 471, 504, 506 and 406 IPC, Police Station Kakadev, District Kanpur Nagar, during pendency of trial. 3. Learned counsel for the applicant has submitted that three accused namely Vandana Mishra, Diksha Tiwari (applicant), Abhay Tripathi and 8-10 unknown are named in the F.I.R. Common role has been assigned to all the accused persons in the first information report and in the statement of the informant. As per the F.I.R., the accused persons received Rs.ten lac for providing job to the sister of the informant. He further submitted that the informant stated in her statement under Section 180 B.N.S.S. (mazid) stated that Rs.6,50,000/- was received by her through google payment on different dates and applicant is ready to pay rest amount. Later on in the statement recorded under Section 180 B.N.S.S. she stated that Abhay Tripathi (died) has given a cheque of Rs.5 lac in favour of the informant. The applicant has also given Rs.70,000/- to the informant. This fact has been mentioned at page 34 of the supplementary affidavit. The applicant has no criminal history to her credit and is languishing in jail since 21.06.2025. In case, the applicant is released on bail, she will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Prashant Kumar Singh, Shiv Babu Dubey, Vimal Kumar Verma Counsel for Opposite Party(s) : G.A. Diksha Tiwari .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that applicant and other co-accused persons had misappropriated the amount in lieu of false promise of providing jot to sister of the informant. He further submitted that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail. 5. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; period of detention in jail, keeping in view uncertainty regarding conclusion of trial; larger mandate of the Article 21 of the Constitution of India, bail application is allowed. 6. Considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) 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. 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. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A I.P.C./269 B.N.S. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C./84 B.N.S.S. is BAIL No. 35117 of 2025 2 issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against her in accordance with law under Section 174-A I.P.C./209. B.N.S. (v) 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./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 7. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 13, 2025 Asha BAIL No. 35117 of 2025 3 (Santosh Rai,J.) Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad