HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13180 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Sudhir Bharti, learned counsel for the applicant and Sri Imtiyaz Ali, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 48 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(2), 118(1), 117(2), 109 of BNS, Police Station - Khekra, District - Baghpat, during the pendency of trial. 4. As per prosecution story, the applicant along with five other co-accused persons is stated to have assaulted and caused injuries to five persons on 06.02.2025 at about 04:00 PM whereby one of the persons was grievously injured as his leg has been amputated. 5. Learned counsel for the applicant has argued that the applicant is the lady and has been falsely implicated in the present case owing to the relationship with the co-accused persons. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. The FIR has been lodged as an afterthought and after legal consultations. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons. The applicant is languishing in jail since 13.02.2025, having no criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail and shall cooperate with trial. Versus Counsel for Applicant(s) : Sachin Malik, Sudhir Bharti Counsel for Opposite Party(s) : Imtiyaj Ali, G.A. Nitesh Alias Hridesh .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the injured person, who had amputated, has expired subsequently. Since the said death has occurred after filing of charge-sheet, the applicant and other co-accused persons held guilty for murder of said person. 8. In rebuttal, learned counsel for the applicant has stated that no case of murder has been instituted against the applicant. Even there is no death report on record, as such, the applicant being a lady and having no criminal history to her credit, is entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, inordinate delay of two days in lodging the FIR and also considering the fact that the applicant is a lady, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Nitesh Alias Hridesh, 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. September 15, 2025 Siddhant BAIL No. 13180 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad