HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9112 of 2026 Court No. - 70 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 289 of 2024, under Sections 109(1), 3(5), 93, 3(5) of B.N.S., P.S. Nakhasa, District-Sambhal and is in jail since 6.11.2024, is seeking enlargement on bail during the trial. 3. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that the first information report was lodged on the basis of overheard information and there is no material to show that the applicant had buried the infant in the field, even no one has come forward to support the prosecution case. He also submitted that similarly placed other co-accused Narendra has already been enlarged on bail by coordinate Bench of this Court, vide order dated 28.10.2025 in Criminal Misc. Bail Application No. 26017 of 2025, and since the role of the applicant-accused is similar to that of other co- accused Narendra, she is also entitled to be enlarged on bail on the ground of parity. He further submitted that the applicant is a lady and she is also entitled to be given the benefit under the provision of Section 437 Cr.P.C. 4. Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the new born child (female), mother and father unknown was admitted to Combined District Hospital, Sambhal on 3.11.2024 with report "Low birth weight Hypotherinia". The new born child was Versus Counsel for Applicant(s) : Mohd. Hasham, Syed Faiz Hasnain Counsel for Opposite Party(s) : G.A. Geeta Saini .....Applicant(s) State of U.P. .....Opposite Party(s) admitted with the help of Ganga Dei, wife of Sompal Singh and Akhtar, son of Subhan. The new born child was found in the field of Manoj, son of Dal Chand. The said child was buried in the field. The said child was allegedly born from the relationship of applicant Geeta Saini, daughter of Chandrapal Saini and Narendra, son of Mahendra. The applicant was unmarried and therefore, the said girl child was buried by herself and Narendra in the agricultural field, the incident has been supported by one Kiran Pal, whose statement is annexed at page no. 36 to the affidavit accompanying bail application. Learned A.G.A. has further submitted that the crime committed by the accused-applicant is of heinous nature, as much as the new born girl child was buried in the field for the fear of being defamed in the society and a crime related to female infanticide. He lastly submitted that the parity claimed by the accused-applicant is not applicable in the given facts and circumstances, hence the bail application of the accused-applicant is liable to be rejected. 5. After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record, this Court is not inclined to enlarge the applicant on bail at this stage of trial. March 24, 2026 Faridul BAIL No. 9112 of 2026 2 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad