Neutral Citation No. - 2025:AHC-LKO:48504 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1496 of 2024 Applicant :- Mansi @ Komal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Subhashish Sen,Pooja Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that an unidentified dead body of a male person was found by the side of a canal near village Bighaun on 20.4.2022 . When the photograph of the dead body was made viral on social media, then first information report has been lodged by the wife of the deceased. 3.Learned counsel for the applicant submits that in the post mortem report, cause of death could not be ascertained. Viscera was preserved. There is no evidence against the applicant except a false recovery of mobile, to which there is no independent witness. The applicant has been falsely implicated. The applicant has no previous criminal history. The applicant is in jail since 30.10.2022. The co-accused Anshuman Singh has been granted vide order dated 23.2.2023 passed in Bail No.1529 of 2023, placed on record at page 79 of the paper book. It is next submitted that although it is a case of the prosecution that deceased was given an injunction and due to that, he died, however, viscera report denies the prosecution case. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3.Learned A.G.A. opposed the prayer for bail and submitted on the basis of record that in the viscera no poison has been found. 4.Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, bail order of the co-accused Anshuman Singh, first information report has been lodged against unknown person(s), there is no eye witness to the incident, cause of death has not been ascertained, nothing has been found in the viscera report and there is no injury on the body of the deceased, arguments advanced by learned counsel for the parties, the applicant is in jail since and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail. The bail application is accordingly allowed. 5.Let the applicant Mansi alias Komal, involved in Case Crime No.0206 of 2022 under sections 394, 302, 201, 411 I.P.C., P.S. Kakori, district Lucknow, 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A I.P.C. (now 269 BNS). (vi) In case the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) 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 I.P.C. (now 209 BNS) It is made clear that any observation(s) made in the present order shall not affect the trial. Order Date :- 19.8.2025/kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench