Neutral Citation No. - 2025:AHC:108985 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37410 of 2023 Applicant :- Sadawati Opposite Party :- State of U.P. Counsel for Applicant :- Lalit Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Priya Singh, Advocate holding brief of Sri Sunil Kumar, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 260 of 2023, under Sections 302 & 34 of IPC, Police Station - Tilhar, District - Shahjahanpur, during the pendency of trial. 4. As per prosecution story, there was a dispute over some money to be given to the deceased person by the co-accused Mohit, as such, the applicant in collusion with co-accused Mohit had committed murder of informant's brother-in-law (saala) Shyampal and mother-in-law (saas) Bhagwati. The co-accused Mohit is stated to have been seen running away from his motorcycle by Paatiram, Ramveer, Dharmveer and Kiran, respectively on 20.04.2023 at about 06:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by more than five hours and there is no explanation of the said delay caused. Although the applicant is named in the FIR but no role has been assigned to her but only motive has been assigned. 6. Learned counsel has also stated that the applicant is stated to have hatched the conspiracy with the co-accused Mohit. The said allegations have been levelled against the applicant after legal consultations. The case of the applicant may be considered on a different footing to the case of co-accused Mohit. 7. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 23.04.2023 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence and also considering the fact that no role has been assigned to her, I find it a fit case to release the applicant on bail. The bail application is allowed. The case of the applicant is at a different footing to the case of co-accused Mohit. 10. Let the applicant- Sadawati, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 9.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad