HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13218 of 2024 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Heard Sri Mohit Singh, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I. 3. The instant bail application has been filed seeking release of the applicant on bail in R.C. No. 1202017A0013, under Sections 120B, 420, 467, 468, 471 IPC and substantive offences thereof, Police Station C.B.I. A.C.B., Ghaziabad during pendency of the trial. 4. Learned counsel for applicant submits, this is second bail application filed on behalf of applicant and her first bail application has been dismissed by Hon'ble Dinesh Kumar Singh,J vide order dated 13.02.2023 but as His Lordship has been transferred and this Court is dealing with such matters, therefore, instant second bail application is listed today before this Bench. 5. Learned counsel for the applicant submits, applicant was not named in the FIR and FIR was lodged against bank officials with the allegation that on the basis of fake documents they disbursed the loan but during investigation applicant has also been made accused as he was one of the beneficiary in whose favour loan was sanctioned but entire allegation leveled against the applicant is totally false. 6. He further submits, even from the charge-sheet filed by CBI it reflects, Gian Chand Verma, Senior Branch Manager and Ramesh Chand @ Ramesh Chand Gupta were the principal accused and as per CBI co-accused Ramesh Versus Counsel for Applicant(s) : Mohit Singh, Rajan Maurya, Ravi Kumar Singh Counsel for Opposite Party(s) : G.A., Sanjay Kumar Yadav Smt Manisha Devi .....Applicant(s) Central Bureau Of Investigation And Another .....Opposite Party(s) Chand @ Ramesh Chand Gupta was the kingpin. He further submits, co- accused Gian Chand Verma has been released on bail even by the court concerned vide order dated 17.07.2023. 7. He next submits, in the present matter applicant is in jail since 12.04.2022 i.e. for last more than three years and till date trial of the case could not be concluded. He next submits, applicant is not having any criminal history. 8. Per contra, learned counsel for CBI opposed the prayer for bail and submits, however, applicant was not named in the FIR and during investigation her complicity was revealed but she also involved in the alleged crime as she was one of the person in whose favour loan was sanctioned on the basis of fake documents and she was the beneficiary but could not dispute the fact that in the present matter applicant is in jail since 12.04.2022 i.e. for last more than three years and she is not having any criminal history. 9. I have heard learned counsel for the parties and perused the record of the case. 10. This is second bail application filed on behalf of applicant. The first bail application of the applicant was dismissed by Hon'ble Dinesh Kumar Singh,J vide order dated 13.02.2023 but as His Lordship has been transferred and this Court is dealing with such matters, therefore, instant second bail application is listed today before this Bench. 11. However, as per allegation, applicant on the basis of forged documents obtained the loan from the Bank but it reflects, along with her number of other persons including co-accused Gian Chand Verma, who disbursed the loan, have been made accused and co-accused Gian Chand Verma has already been released on bail even by the court concerned way back in the year 2023. Further, even from the charge-sheet filed by CBI it reflects, co- accused Ramesh Chand @ Ramesh Chand Gupta was the kingpin. 12. Further, applicant is lady, in the present matter she is in jail since 12.04.2022 i.e. for last more than three years and she is not having any criminal history. 13. Further, law is settled that unless proven guilty an accused is deemed to be innocent and bail application should not be dismissed for punitive purpose. BAIL No. 13218 of 2024 2 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant -Smt Manisha 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 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. 17. 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. 18. 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. September 10, 2025 AK Pandey BAIL No. 13218 of 2024 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad