HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34422 of 2026 Court No. - 65 HON'BLE SAMEER JAIN, J. 1. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.342 of 2026, under Sections 103(1), 126(2) and 3(5) BNS, Police Station Quarsi, District Aligarh during pendency of the trial. 3. Learned counsel for the applicant submits that however, applicant is named in the FIR along with three others but there is no eye witness account. 4. He further argued that actually deceased had taken Rs.5000/- from the applicant side and, therefore, informant disclosed the name of the applicant and other accused in the FIR without any evidence merely on the basis of suspicion. 5. He further submits that there is absolutely no evidence on record which prima facie could connect the applicant with the instant crime. 6. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 18.4.2026 i.e., for the last more than five months. 7. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. Versus Counsel for Applicant(s) : Gaurav Mishra, Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A. Smt Shahnaj .....Applicant(s) State of U.P. .....Opposite Party(s) 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, applicant is named in the FIR along with three others and according to the FIR she along with others intercepted the deceaed on the way on the date of incident and thereafter co-accused Azim caused knife injuries to him and thereafter applicant and others made assault through wooden sticks due to which he sustained injuries and died but it reflects that there is no eye witness account. 10. Considering the pending dispute between both the sides with regard to Rs. Five Thousand, the argument advanced by the learned counsel for the applicant that only due to this reason without any cogent evidence applicant has been made accused in the present matter along with others, cannot be ruled out at this stage. 11. Further, even applicant is lady and she is not having any other criminal history and in the present matter she is in jail since 18.4.2026, i.e., fore the last more than five moths. 12. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 14. Let the applicant-Smt. Shahnaz, 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 her 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 her 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. BAIL No. 34422 of 2026 2 15. 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. 17. 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 September 28, 2026 SKM BAIL No. 34422 of 2026 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad