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Neutral Citation No. - 2025:AHC:83636 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34454 of 2024 Applicant :- Dharmviri Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Manoj Kumar Dubey,Shamsher Singh Counsel for Opposite Party :- Aniruddh Pandey,Ashutosh Tripathi,Chandra Prakash Pandey,G.A. connected with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39615 of 2024 Applicant :- Madhu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai,Manoj Kumar Dubey,Shamsher Singh Counsel for Opposite Party :- Aniruddh Pandey,Ashutosh Tripathi,Chandra Prakash Pandey,G.A. Hon'ble Sameer Jain,J.
1. As both the instant connected bail applications arise from the same FIR, therefore, both are being disposed of with a common
order.
2. Heard Sri Shamsher Singh, learned counsel for the applicants; Sri Aishwarya Goswami, learned counsel for the informant and Sri Vijay Bahadur Maurya, learned AGA-I for the State-respondent.
3. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 228 of 2024, under Sections 191(2), 191(3), 103, 109, 117(2), 131, 333, 351(3) & 3(5) BNS, Police Station Afzalgarh, District Bijnor, during pendency of the trial in the court below.
4. Learned counsel for the applicants submitted that however, applicants were named in the FIR alongwith other co-accused but on the basis of false allegations, they have been roped in the present case.
5. He further submitted that after considering entire facts of the case, co-accused Makhan Singh @ Karan Singh, Gopi Singh @ Gurpreet Singh and Gagan Deep Singh have been released on bail by this Court vide order dated 9.4.2025 passed in Crl. Misc. Bail Application No.10787 of 2025 and on facts, case of applicant is at par with them.
6. He further submitted that applicants are ladies and they are having no criminal history and in the present matter, applicants are in jail since July, 2024 i.e. for last almost ten months.
7. Per contra, learned AGA as well as counsel for the informant opposed the prayer for bail but could not dispute the arguments on
facts advanced by learned counsel for the applicants.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Considering the fact that similarly placed co-accused Makhan Singh @ Karan Singh, Gopi Singh @ Gurpreet Singh and Gagan Deep Singh have already been released on bail by this Court and applicants are ladies and they are having no criminal history and in the present matter, they are in jail for last almost 10 months, in my view, applicants are entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicants- Dharmviri and Madhu, 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade their from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity.
12. 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 applicants.
13. 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 :- 19.5.2025 Ankita Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad