Neutral Citation No. - 2025:AHC:36323 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1315 of 2025 Applicant :- Bhawani Opposite Party :- State of U.P. Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Anupam Anand, learned Brief Holder for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 221 of 2024, under Sections 309(6), 317(2) B.N.S. Police Station Kirawali, District Agra during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. False recovery of a chain of yellow metal and Rs.500/- cash has been shown from the applicant. There is no independent witness to the alleged recovery. Identically placed co-accused Sushma and Sushmita have been granted bail by this Court vide order dated 01.10.2024 passed in Criminal Misc. Bail Application No. 34620 of 2024, Sushma and another v. State of U.P.. The applicant claims parity. The applicant is in jail since 19.08.2024 having no criminal history and if she is released on bail, she will not misuse the said liberty. 4. Learned Brief Holder for the State has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. Identically placed co-accused Sushma and Sushmita have been granted bail by this Court. The applicant has no criminal antecedents. Moreover, the applicant is a lady and has remained confined for more than six months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant- Bhawani, involved in the aforesaid case, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that she: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 12.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad