HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31751 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Akash Kishan, learned counsel for the applicant and Sri Brijesh Kumar Yadav, learned counsel for the informant as well as Sri Shyam Dhar Maurya, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 177 of 2025, under Sections 109(1), 352, 126(2), 3(5) of BNS, Police Station - Tindwari, District - Banda, during the pendency of trial. 4. As per prosecution story, the applicant along with her husband Ramjaani and her brother-in-law Shafeek Ahmad is stated to have assaulted and caused injuries to informant's uncle Munna on 7.8.2025 at about 08:00 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about five hours and there is no explanation of the said delay caused. Subsequently, another injured Gulab Singh, who is also the informant's uncle, has been introduced by the informant but his injuries are not grievous in nature. The injured Munna is stated to have sustained injuries which are grievous in nature. 6. Learned counsel has also stated that there are general and omnibus allegations against all the accused persons including the applicant. The Versus Counsel for Applicant(s) : Akash Kishan, Ashok Gupta Counsel for Opposite Party(s) : G.A. Smt. Anisha .....Applicant(s) State of U.P. .....Opposite Party(s) applicant is a lady and no particular role has been assigned to her. Even the recovery memo indicates the recovery of one axe and one danda from the pointing out of the co-accused Ramjani, who is husband of the applicant. The case of the applicant stands distinguished from the case of other co- accused persons. 7. Learned counsel has next contended that the applicant being a lady, is languishing in jail since 08.08.2025, having no criminal history to her credit. In case, the applicant is released on bail, she will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant was very much a part of the said offence as in furtherance of common intention, she has committed the said offence as defined in Section 3(5) of BNS, as such, she is not entitled for bail. Learned counsel for the informant has also stated that it was his foremost duty to first rush the injured persons to hospital for treatment and after admitting them, the instant FIR has been lodged, as such, the delay, if any, stands explained. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the fact that the applicant being a lady and has not assigned any particular role and there being no recovery at her pointing out, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Smt. Anisha, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 31751 of 2025 2 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 Siddhant BAIL No. 31751 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad