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Neutral Citation No. - 2025:AHC:55282 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8420 of 2025 Applicant :- Kumari Akansha Opposite Party :- State of U.P. Counsel for Applicant :- Aashirwad Mishra,Sanjay Kumar Mishra Counsel for Opposite Party :- Chandra Prakash Misra,G.A. Hon'ble Sameer Jain,J.
1. Heard Shri Sanjay Kumar Mishra, learned counsel for the applicant, Shri Chandra Prakash Mishra, learned counsel for the informant and Sri Rajeev Dhar Dwiveid, learned AGA, for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.701 of 2024, under Sections 191(2), 191(3), 115(2), 352, 351(3), 109, 103(1) B.N.S., 2023, Police Station Kasya, District Kushinagar, 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 alongwith eight others including co-accused Chandrama Prakash Ojha and after considering the entire facts in detail, co- accused Chandrama Prakash Ojha has already been released on bail by this Court vide order dated 06.02.2025 passed in Criminal Misc. Bail Application No.965 of 2025 and on facts case of applicant is at par with him.
4. He further submits that applicant is having no criminal history and she is in jail in the present matter since 15.2.2025.
5. Per contra, learned AGA as well as learned counsel for the informant however, opposed the prayer for bail but could not
dispute the fact that similarly placed co-accused Chandrama Prakash Ojha has already been released on bail by this Court vide
order dated 06.02.2025.
6. I have heard learned counsel for both the parties and perused the record of the case.
7. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed co-accused Chandrama Prakash Ojha has already been released on bail by this Court vide order dated 06.02.2025 and applicant is having no criminal history and she is in jail in the present matter since 15.2.2025, in my view, applicant is entitled to be enlarged on bail.
8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
9. Let the applicant-Kumari Akansha Ojha, 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 her 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 :- 16.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad