Neutral Citation No. - 2025:AHC:119195 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21541 of 2025 Applicant :- Smt. Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Srivastava,Ashruti Kesarwani Counsel for Opposite Party :- G.A.,Rajeev Kumar Saini Hon'ble Ashutosh Srivastava,J. Heard Shri Ashish Kumar Srivastava, learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State, Shri Rajeev Kumar Saini, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt. Rajesh, seeking enlargement on bail in Case Crime No. 454 of 2024, under Sections 103 (1), 238, 3 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Khekra , District Baghpat. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 4.1.2025. Learned counsel for the applicant submits that applicant was not named in the FIR. There is two days delay in lodging the FIR and no explanation whatsoever has been given for the same. As per prosecution case, murder of deceased took place inside the room and from the footage of CCTV installed outside the house, it cannot be adjudged that murder took place inside the room. Further, the allegation against the applicant is of destruction of the evidence at her hands by wiping out the blood stains from the lane as well as from the stairs of the house. But the constable of PRV 5022, who reached on the spot within hour, in his statement has not asserted about the blood lying on the stairs or on the interlocking installed in the lane. The constable of PRV 5022 remained in the house for 30 minutes as per CCTV footage, but they have not asserted about the same and as per prosecution version itself the blood was wiped out by the applicant after constable left the place of occurrence. Thus, false implication of applicant in this case is very well established from the aforesaid facts. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Learned counsel for the first informant has also opposed the prayer for bail by submitting that after receiving gun shot injuries, the deceased was alive for about 06 hours, but the applicant along with other co-accused persons did not provide medical aid to the deceased. The destruction of evidence at the hands of applicant is very well established from the CCTV footage. Thus, the applicant is not liable to be enlarged on bail. Considering all above 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. Accordingly, the bail application is allowed. Let the accused-applicant, Smt. Rajesh, involved in above mentioned case crime number be released on bail, on her 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 her 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 her bail. Order Date :- 22.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad