Neutral Citation No. - 2025:AHC:78844 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6499 of 2025 Applicant :- Anjali Opposite Party :- State of U.P. Counsel for Applicant :- Archana,Mani Kant Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Ms. Archana, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant-Anjali, seeking enlargement on bail during trial in connection with Case Crime No.282 of 2024, under Sections 105, 3(5) BNS, 2023 registered at P.S. Civil Lines, District Prayagraj. 4. The FIR of the matter was lodged on 26.7.2024 by Chandni alias Syka Bano against the applicant and Mohd. Suleman alleging therein that she lives on Leader Road near railway station in slum area. On 26.7.2024 at about 7.30 p.m. near Maxpolo Hospital near pull no.2, she had a quarrel with the applicant. In the meantime Mohd. Suleman, the husband of the applicant who was in a drunken condition started abusing her and her husband Guddu and there was a scuffle between them in which the applicant was also involved. Her husband was also in an intoxicated condition and in the meantime during scuffle, her husband fell on the divider on the road due to which he received injuries. He was taken to S.R.N. Hospital where the doctors declared him dead. A report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted while placing para no.16 of the affidavit that the applicant is an unmarried teenage girl who earns her livelihood for herself and family by selling small items by hawking and there was no motive for the applicant to commit the aforesaid offence. It is further submitted that present case as per the prosecution version itself was a sudden fight in which the deceased fell on the divider and received injuries. The deceased was in an intoxicated condition and co-accused Mohd. Suleman was also in an intoxicated condition who were having scuffle with each other in which deceased fell and received injuries. It is further submitted that investigation in the matter has concluded and charge sheet has been submitted against the applicant and co-accused Mohd. Suleman, copy of the charge sheet is annexed as annexure no.8 to the affidavit in support of bail application. In the present matter co- accused Mohd. Suleman also received injuries and was medically examined, the injury report of Mohd. Suleman has been annexed as S.A-2 to the supplementary affidavit dated 9.4.2025. Co- accused Mohd. Suleman has been granted bail by coordinate Bench of this Court vide order dated 11.4.2025 passed in Criminal Misc. Bail Application No.11945 of 2025, copy of the same produced by learned counsel for the applicant is taken on record. It has also been pointed out that the applicant is not having any criminal history as stated in para 23 of the affidavit. The applicant is in jail since 27.7.2024. 6. Per contra learned counsel for the State opposed the prayer for bail but could not dispute the aforesaid arguments of learned counsel for the applicant. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is a lady. The deceased fell on the divider on the road while having scuffle with co-accused Mohd. Suleman. Both the said persons were in an intoxicated condition. Co-accused Mohd. Suleman has been granted bail. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant-Anjali, be released on bail in the aforesaid case crime number on 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 prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she/he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her/him presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her/him, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. 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/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 14.5.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad