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Neutral Citation No. - 2025:AHC:74230 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12358 of 2025 Applicant :- Vandana Opposite Party :- State of U.P. Counsel for Applicant :- G.A.,Jitendra Pal Singh Jadaun,Seema Singh Jadaun Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Jitendra Pal Singh Jadaun, learned counsel for the applicant and Shri 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.462 of 2024, under Sections 103(1), 61(2), 238, 3(5) BNS, 2023, Police Station- Sadabad, District- Hathras, during pendency of the trial in the court below. 4. Learned counsel for the applicant submits that applicant was not named in the F.I.R. but during investigation through the statement of co-accused Anand, she has been made accused in the present matter and except the statement of the co-accused and confessional statement of the applicant, there is no other evidence against the applicant on record. 5. He further submits that co-accused Bovy Kumar, who was also made accused during investigation through the statement of named co-accused Anand, has already been released on bail by this Court vide order dated 21.04.2025 passed in Criminal Misc. Bail
Application No.1261 of 2025 and on facts, case of applicant is at par with him. 6. He further submits that the applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 01.09.2024 i.e. for last more than eight months. 7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for both the parties and perused the record of the case. 9. Considering the arguments on facts advanced by learned counsel for the applicant and the fact that similarly placed co-accused Boby Kumar has already been released on bail by this Court and applicant is a lady and she is not having any criminal history and she is in jail in the present matter since 01.09.2024 i.e. for last more than eight months, 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- Vandana, 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 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 :- 7.5.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad