Neutral Citation No. - 2025:AHC:74057 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15472 of 2025 Applicant :- Smt. Laungshree Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vikas Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.22 of 2025, under Sections 103(1) & 61(2) B.N.S., Police Station- Rampura, District- Jalaun, during the pendency of trial. 4. As per prosecution story, the informant instituted the FIR on the basis of suspicion that applicant and three other co-accused persons have assaulted the deceased person with an axe or some sharp edged weapon on 12.2.2025 at about 06:30 p.m. and committed her murder at the agricultural field. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no eye-witness to the incident. The time of offence mentioned in the FIR indicates that there were bit dark at the alleged time of offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. The FIR itself indicates that informant has not seen the incident as he has stated that the offence has been committed with an axe or by some sharp edged weapon. 6. Learned counsel for the applicant has further stated that there is no other witness of fact and only statement of several witnesses has been recorded who are stated to have overheard the applicant that she had committed the said offence. The applicant is a 41 years old lady and has nothing to do with the said offence. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.2.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being no eye-witness to the incident, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Smt. Laungshree, who is involved in aforementioned case crime be released on bail on his 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 shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad