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Neutral Citation No. - 2025:AHC:69039 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13538 of 2025 Applicant :- Chandrawati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kameshwar Singh,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Sunil Singh, learned Advocate holding brief of Sri Kameshwar Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 28 of 2025, under Sections 103(1), 238, 61(2) BNS, Police Station- Reoti District- Ballia during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and nobody was named in the FIR but during investigation, when wife of the deceased moved an application and she raised suspicion against the applicant and others including co-accused Mani Bahadur Singh then on her application, applicant and others have been made accused. 4. He further submitted that after considering entire facts of the case in detail, co-accused Mani Bahadur Singh has been released on bail by this Court vide order dated 17.04.2025 passed in Criminal Misc. Bail Application No. 9842 of 2025 and on facts, case of applicant is at par with him. 5. He further submitted that there is no circumstance, which can connect the applicant with the instant crime. 6. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since
01.02.2025. 7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned
counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. Considering the argument advanced by learned counsel for the applicant and material available on record and the fact that similarly placed co-accused Mani Bahadur Singh has already been released on bail by this Court and applicant is lady and she is not having any criminal history and she is in jail in the present matter since 01.02.2025, 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- Chandrawati Devi 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. 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 :- 1.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad