Neutral Citation No. - 2025:AHC:74539 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15357 of 2025 Applicant :- Laxmi Mishra Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Arun Kumar Sharma, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 219 of 2025, under Sections 108, 316(2), 115(2), 352, 351(3) of BNS, Police Station - Kotwali, District - Mainpuri, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have forcibly taken a motorcycle by coercing the deceased person and had subsequently taken Rs.4 lakhs from him to purchase a four wheeler. The deceased person is stated to have demanded his money back but the applicant and her family members did not return the said money to him, as such, he committed suicide on the abetment of the applicant and other co-accused persons. 5. Learned counsel for the applicant has argued that the applicant is absolutely 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 about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the cause of death of deceased has been found to be asphyxia as a result of ante mortem hanging. There is no overt act assigned to the applicant of having abetted the deceased person to commit suicide. 7. Learned counsel has further stated that there is no suicide note to corroborate the prosecution story. There is nothing on record to suggest as to what drove the deceased person to commit suicide. There is no criminal history of the applicant. The applicant is languishing in jail since 03.04.2025 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 AGA 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, severity of punishment, cause of death, delay of one day in lodging the FIR, complicity of accused and also considering the fact that no overt act has been assigned to the applicant, without expressing any opinion on the merits of the case, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Laxmi Mishra, 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:- 7.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad