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Neutral Citation No. - 2025:AHC:89666 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11170 of 2025 Applicant :- Deepa @ Depesh Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Lavlesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Counter affidavit filed today on behalf of the applicant is taken on record. 2. Heard Sri Lavlesh Kumar Sharma, learned counsel for the applicant and Sri Santosh Nigam, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 10 of 2025, under Sections 331 (8), 351(3), 307 BNS, Police Station Todi Fatehpur, District Jhansi, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that nobody was named in the FIR but during investigation, applicant has been made accused in the present matter alongwith others including co- accused Jitendra Kumar @ Jeetu and Sheetal Kushwaha and both the co-accused have been released on bail by this Court vide orders dated 6.5.2025 and 9.5.2025 passed in Crl. Misc. Bail Application Nos. 13009 of 2025 and 13669 of 2025, respectively and case of applicant is at par with them. 5. He further submitted that however, apart from the present case, applicant is having criminal history of one another case but that case relates to minor offence and he is in jail in the present matter since 29.1.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed co-accused Jitendra Kumar @ Jeetu and Sheetal Kushwaha have already been released on bail by this Court and criminal history of solitary case of the applicant has been explained in the instant bail application and he is in jail in the present matter since 29.1.2025, in my view, applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10.
Let the applicant-Deepa @ Depesh Mishra, 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 his 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 him 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. 11. 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. 12. 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 :- 26.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad