Neutral Citation No. - 2025:AHC:139607 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18763 of 2025 Applicant :- Asha Chawla Alias Ashvinder Kaur Opposite Party :- State of U.P. Counsel for Applicant :- Puneet Kumar,Rajeev Kumar Saini Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri R. K. Saini, learned counsel for the applicant, Sri Yagvalkya Pandey, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 16 of 2025, under Sections 103(1), 309(4), 3(5), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Mandi, District Saharanpur. Learned counsel for the applicant argued that the accused- applicant is innocent and she has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR was registered against unknown person and the name of the applicant surfaced during the course of investigation in the statement of Amit Rohila @ Sonu with the malicious intention. He submits that Amit Rohila @ Sonu had taken Rs. 2 Lacs from the husband of the applicant, which he had not returned in spite of making several calls by the present applicant to return the same and due to this reason the applicant was falsely implicated by Amit Rohila @ Sonu in the present case. He further submits that the alleged recovery of Rs. 20,000/- cash as well as gold and silver jewellery belongs to the applicant, which had been arranged by the applicant for the marriage of her daughter. The applicant is 60 years old lady and she is not involved in any manner in the aforesaid crime. He further submits that there is no any eye witness or the independent witness of the alleged incident. There is variation in the statement of the witness recorded by the Investigation Officer. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. No specific role and motive has been assigned to the applicant in the present case. The role of assaulting the victim has been assigned to other co-accused. The applicant is languishing in jail since 24.03.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, period of incarceration as well as mandate of the 1st Proviso of Section 480(1) of B.N.S.S. and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. Let the accused-applicant, Asha Chawla Alias Ashvinder Kaur, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 14.8.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad