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Neutral Citation No. - 2025:AHC:27440 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13531 of 2024 Applicant :- Neetu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 11 of 2024 at Police Station- Jaswant Nagar, District- Etawah under Sections 302, 120-B, 328, 404 IPC. The applicant is in jail since 21.01.2024. The bail application of the applicant was rejected by the learned trial court on 13.03.2024. The following arguments made by Sri Sushil Kumar Dubey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Chandan Agarwal, learned AGA-I from the record, entitle the applicant for grant of bail:
1. The applicant is the wife of the deceased. 2. The applicant was not named in the FIR. 3. The applicant was nominated in the confessional statement made by an accused before the police authorities while in the custody of the latter. The said statement insofar as it implicates the applicant is inadmissible in
evidence. 4. The relationship of the couple were harmonious. 5. The applicant had no motive to kill her husband. 6. There is no direct evidence against the applicant. 7. The co-accused Dheeraj @ Karu and Shahveer have already been enlarged on bail by this Court by order dated 17.09.2024 passed in Criminal Misc. Bail Application No. 35404 of 2024 and order dated 01.10.2024 in Criminal Misc. Bail Application No. 27013 of 2024. The case of the applicant stands at a better footing however he seeks parity for grant of bail. 8. The applicant does not have any criminal history apart from the instant case. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Neetu be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 27.2.2025 Pravin Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad