Neutral Citation No. - 2025:AHC:83627 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10348 of 2025 Applicant :- Smt Champa Devi Alias Shanti Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Patel Counsel for Opposite Party :- G.A.,Vinay Singh Rajput,Vinod Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Lokesh Kumar, Advocate holding brief of Sri Dharmendra Kumar Patel, learned counsel for the applicant; Sri Vinod Kumar, learned counsel for the informant and Sri Vijay Kumar, learned AGA-I for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 506 of 2022, under Sections 306, 504, 506 IPC, Police Station Malpura, District Agra, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, present case is of the year 2022 and applicant is in jail since 17.2.2025 but he was not an absconder. 4. He further submitted that actually applicant is lady and she is aged about 70 years and she is also suffering with old aged ailments, therefore, she could not earlier appear before court concerned. 5. He further submitted that as far as merit of the present case is concerned, however, as per allegation due to the abetment of the applicant and others, deceased committed suicide and there is also a video of the deceased on record in which he also disclosed the name of the applicant but even it could not be reflected that due to the abetment of the applicant, deceased committed suicide. 6. He further submitted that even from the record, it reflects that son and husband of the applicant had taken money from the deceased and therefore, there was no occasion for applicant to abate the deceased. 7. He further submitted that applicant is having no criminal history. 8. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that prima facie, applicant appears to be an absconder as she appeared after about more than two years from the date of alleged incident but they could not dispute the other arguments advanced by learned counsel for the applicant including the fact that applicant is about 70 years old lady. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation due to the abetment of the applicant and other accused, deceased committed suicide and there is also video of the deceased on record in which she also disclosed the name of the applicant but after considering video of the deceased and other material available on record, this Court finds merit in the arguments advanced by learned counsel for the applicant that there is no cogent evidence of abetment against the applicant. 11. Further, even from the record it reflects that son and husband of the applicant have taken money from the deceased and it appears they were not returning his money. 12. Further, however present case is of the year 2022 and applicant is in jail since January, 2025, therefore, prima facie, he appears to be an absconder but applicant is old aged lady of 70 years and therefore, merely on this ground, in view of this Court, it is not proper to withheld her bail application. 13. Further, applicant is not having any previous criminal history to her credit. 14. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant-Smt Champa Devi Alias Shanti, 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. 17. 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. 18. 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 :- 19.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad