Neutral Citation No. - 2025:AHC:38809 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25549 of 2024 Applicant :- Priti Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ajay Kumar Vashistha, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 53 of 2024, under Sections 302, 201 IPC, Police Station- Soron, District- Kasganj, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that on the basis of suspicion, applicant has been named in the FIR of the present case. He further submitted that however, as per prosecution, when applicant was arrested then she confessed her guilt and on her pointing out, one sabbal (a type of iron rod) was recovered, which alleged to have been used in the instant crime. 4. He further submitted that except the confessional statement of the applicant and recovery of sabbal, there is no cogent evidence against the applicant on record. 5. He further submitted that merely on the basis of above recovery, it cannot be said that applicant, who is lady, has committed the present offence. 6. He further submitted that applicant is not having any criminal history and she is in jail in the present matter since 09.02.2024 i.e. for last more than a year. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. It is a case of circumstantial evidence and only evidence against the applicant is her confessional statement and recovery of sabbal, which alleged to have been used in the alleged crime. After considering entire facts of the case, the argument advanced by learned counsel for the applicant that merely on the basis of above evidence, it cannot be said that applicant committed the murder of the deceased, cannot be completely ruled out at this stage. 10. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 09.02.2024 i.e. for last more than a year. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant- Priti Upadhyay 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. 14. 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. 15. 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 :- 18.3.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad