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Neutral Citation No. - 2025:AHC:55929 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9924 of 2025 Applicant :- Smt. Anita Opposite Party :- State of U.P. Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- Deepak Singh Yadav,G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Vaibhav Yadav, learned counsel for the applicant, Sri Deepak Singh Yadav, learned counsel for the informant and Sri Jhamman Ram, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.277 of 2024, under Sections 191 (2), 191(3), 352, 332-A, 351(3), 103(1) and 109 (1) BNS, Police Station Mangalpur, District Kanpur Dehat 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 five others including co-accused Smt. Guddi and after considering entire facts in detail, co-accused Smt. Guddi has been released on bail by this Court vide order dated 7.4.2025 passed in Criminal Misc.Bail Application No. 11247 of 2025 and on facts case of applicant is at par with her. 4. He further submits that applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 02.11.2024,i.e., for the last more then five moths. 5. Per contra, learned AGA as well as learned counsel for the informant although opposed the prayer for bail but could not
dispute the fact that co-accused Smt. Guddi has been released on bail by this Court and the case of applicant is at par with her. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, as per allegation due to assault made by applicant and others two persons sustained injuries and one person died but it reflects that after considering the entire facts in detail, co-accused Smt. Guddi has been released on bail by this Court and case of applicant is at par with her. 8. Further, applicant is a lay and she is not having any previous criminal history and in the present matter she is in jail since 02.11.2024, i.e.,for the last more than five months. 9.
Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant-Smt. Anita 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. 12. 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. 13. 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