Neutral Citation No. - 2025:AHC:67567 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11364 of 2025 Applicant :- Smt. Aarti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Yashpal Yadav, learned counsel for applicant and Sri Bhupendra Pal Singh, learned AGA for State. 2. This is second bail application. The first bail application was rejected vide order dated 16.05.2024. This Court has passed the following order on 10.04.2025:- "1. This is second bail application. First bail application of applicant was rejected by order dated 16.05.2024. 2. List on 30th April, 2025. 3. Meanwhile, Trial Court shall submit report with regard to present status of trial which shall include number of proposed witnesses, number of witnesses already examined and likelihood period under which trial may be concluded. 4. Registrar (Compliance) to take steps." 3. From perusal of status report dated 21.04.2025, it appears that trial has proceeded substantially after rejection of second bail application on 16.05.2024 and out of proposed 26 witnesses, now 10 witnesses have been examined. 4. Mr. Yashpal Yadav, learned counsel for the petitioner by referring statement of the witnesses submits that most of them have been declared hostile. He also submits that mental health of the applicant is not good, who is in jail since 02.03.2023 i.e. more than 2 years. All material witnesses have been examined, therefore, there is no likelihood to influence any witness. Applicant may be released on bail. 5. Learned AGA has opposed the bail, however, he has not disputed submissions made by learned counsel for applicant. 6. Considering aforesaid submissions and since applicant is in jail for more than 2 years as well as considering the nature of the evidence and a report in regard to mental health of the applicant as well as that material witnesses have been examined and there is no likelihood to influence any other witness, therefore, the applicant has made out a case for bail. 7. Let the applicant- Aarti Devi be released on bail in Case Crime No. 97 of 2023 under Sections 302 I.P.C., Police Station- Ahirauli Bazar, District- Kushinagar 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 shall file an undertaking to the effect that she shall not seek any adjournment or exemption from appearance on the date fixed in trial. 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 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 presence proclamation under Section 82 Cr.P.C., 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, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of her appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 8. 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. 9. The bail application is allowed. 10. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 11. Trial Court will take all endeavor to expedite the trial. 12. It is directed that applicant will submit her medical report after every 15 days before the learned trial court in case of default, the bail granted to her, shall be considered to be cancelled without any notice. Order Date :- 30.4.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad