HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31533 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. List revised. Heard Sri Pravesh Kumar, learned counsel for the applicant; Sri Puneet Kumamr Singh, learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 443 of 2023, under Sections 302, 201, 506 IPC, Police Station Dibai, District Bulandshahar, during pendency of trial. There are allegations against the applicant of committing the offfence of murder of one person. Learned counsel for the applicant has submitted that statement of Nandani, daughter of the deceased, has been recorded, wherein she has stated that she had affair with the co-accused Amit Kumar Alias Udhan Singh and since the deceased had come in the way, he was murdered. There is not reliable evidence against the applicant. He has been falsely implicated in this case only to help the named accused. She has no criminal history to her credit and is languishing in jail since 23.10.2023. In case, the applicant is released on bail, she will not misuse the liberty of bail. It is further submitted that on the similar footing the co-accused Amit Kumar Alias Udham Singh has been granted bail by the Court vide order dated 28.05.2025 passed in Criminal Misc. Bail Application No. 33090 of 2024, therefore, the applicant is also entitled to be released on bail. Versus Counsel for Applicant(s) : Pravesh Kumar Counsel for Opposite Party(s) : G.A. Rajkumari .....Applicant(s) State of U.P. .....Opposite Party(s) Per contra learned A.G.A. has 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 LawSuit (SC) 677, considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant, Rajkumari, involved in the aforesaid 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 with the following conditions that :- (i) The applicant shall not tamper with the evidence or threaten the witnesses. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A of the Indian Penal Code. (iv) In case the applicant misuse the liberty of bail during trial and in order to secure her presence, proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against her in accordance with law under Section 174-A of the Indian Penal Code. BAIL No. 31533 of 2025 2 (v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. September 16, 2025 pks BAIL No. 31533 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad