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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 21220 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is named in the F.I.R. along with her husband. In the F.I.R. the informant alleges that his father went missing since 09.02.2025 in the night and on the next day his dead body was found in the agricultural fields of informant's brother namely Lavkush. The allegation has been made that the said co-accused Lavkush along with his wife, i.e., present applicant had committed murder of the deceased by slitting his neck from a sharp edged weapon. Learned counsel further submits that it is a case of circumstantial evidence and no one had seen the alleged occurrence. Learned counsel further submits that as per the prosecution version an application was found in the pocket of the deceased which was allegedly written by the deceased to the Superintendent of Police suspecting that his son, i.e., co-accused Lavkush may commit any incident, but in the alleged application no any allegation has been made against the present applicant and she has been made accused only because she is the wife of co-accused, Lavkush. Learned counsel further submits that if there is any specific role that has been assigned to the co-accused, Lavkush and the case of applicant is distinguishable from his case, therefore, she may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. He next submits that the applicant is in jail since 14.02.2025 with no criminal history. Versus Counsel for Applicant(s) : Amzad Rza, Chandra Kant Tripathi Counsel for Opposite Party(s) : G.A., Prabhakar Dubey Kaushilya .....Applicant(s) State of U.P. .....Opposite Party(s)
3.
Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Kaushilya be enlarged on bail in Case Crime No. 0018 of 2025, under Section 103(1) of B.N.S., Police Station- Uska Bazar, District- Siddharthnagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. September 17, 2025 Mustaqeem. BAIL No. 21220 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad