Neutral Citation No. - 2025:AHC:83483 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16830 of 2025 Applicant :- Rekha Alias Radhika Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Yadav,Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Raj Kishor Mishra, learned Advocate holding brief of Sri Dinesh Yadav, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 309 of 2021, under Sections 302, 201 IPC and 4/5 Immoral Traffic (Prevention) Act, Police Station- Harduaganj, District- Aligarh, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that it is a case of circumstantial evidence and during investigation, applicant has been made accused in the present matter and except the confessional statement of the applicant and recovery of a rope, which allegedly used in the crime, there is no cogent evidence against the applicant. 4. He further submitted that applicant is lady, she is not having any criminal history and she is in jail in the present matter since 13.08.2021 i.e. for last more than three and half years. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. It is a case of circumstantial evidence and it reflects, during investigation, applicant has been made accused in the present matter along with others but it reflects, except the confessional statement of the applicant and recovery of a rope, which allegedly used in the crime, there is no cogent evidence against the applicant. 8. Further, applicant is lady, she is not having any criminal history and she is in jail in the present matter since 13.08.2021 i.e. for last more than three and half years. 9. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant- Rekha Alias Radhika 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. 12. 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. 13. 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 :- 17.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad