Neutral Citation No. - 2025:AHC:77586 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15776 of 2025 Applicant :- Smt. Rani Opposite Party :- State of U.P. Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shobhit Yadav, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.428 of 2021, under Sections 364, 302, 201 and 404/34 IPC, Police Station Kotwali Nagar, District Banda, during pendency of the trial. 3. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and her first bail application has been dismissed by his Lordship Hon'ble Mayank Kumar Jain,J. but as his Lordship has already demitted his office and this Court is dealing with such matters, therefore, the instant bail application is listed today before this bench. 4. He further submits that it is a case of circumstantial evidence and during investigation applicant has been made accused in the present matter along with her husband i.e. co-accused Moolchandra Raidas and after considering the entire facts in detail, co-accused Moolchandra Raidas i.e. husband of the applicant has already been released on bail by this Court vide order dated 18.03.2025 passed in Criminal Misc. Bail Application No.46983 of 2024 and on facts case of applicant is at par with him. 5. He further submits that applicant is a lady and, however, she was having criminal history of one case but that case relates to minor offence. He next submits that in the present matter, applicant is in jail since 08.07.2021 i.e. for last more than three and a half years. 6. Per contra, learned AGA opposed the prayer for bail and submits that this is the second bail application filed on behalf of applicant and her first bail application has been dismissed after considering the entire facts of the case but could not dispute the fact that after rejection of the first bail application of the applicant, bail application of co-accused Moolchandra Raidas i.e. husband of the applicant has been allowed and on facts case of applicant is at par with him. Learned AGA further could not dispute the fact that in the present matter, applicant is in jail for last three and a half years. 7. I have heard learned counsel for the parties and perused the record of the case. 8. This is the second bail application filed on behalf of the applicant and her first bail application has been dismissed by his Lordship Hon'ble Mayank Kumar Jain,J. but as his Lordship has already demitted his office and this Court is dealing with such matters, therefore, the instant bail application is listed today before this bench. 9. Further, record suggests that after rejection of the first bail application of the applicant, bail application of co-accused Moolchandra Raidas i.e. husband of the applicant has been allowed and on facts case of applicant is exactly at par with him. 10. Further, apart from the present case, however applicant was having criminal history of one case but that case relates to minor offence. 11. Further, applicant is a lady and in the present matter, she is in jail since 08.07.2021 i.e. for last more than three and a half years. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant - Smt. Rani 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 his 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. 15. 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. 16. 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. Order Date :- 9.5.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad