Neutral Citation No. - 2025:AHC-LKO:9924 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1166 of 2025 Applicant :- Afreen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Sagar Singh,Shri Ram Maurya Counsel for Opposite Party :- G.A Hon'ble Shree Prakash Singh,J. Supplementary affidavit filed today by counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail during the trial in Case Crime No. 824 of 2024 under sections 310(2) and 61(2) of B.N.S. P.S.- Kotwali Sadar District - Unnao. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is a woman and she was never involved in committing the offence. He added that the applicant was working as maid in the house of the complainant and there was some animosity with the applicant and as such, the first information report has been lodged and the allegations are levelled against her for committing offence though, there is no evidence at all. Further submission is that the applicant has a case criminal history which has been explained in the supplementary affidavit and the chargesheet has been filed thus, there is no possibility that she would tamper the evidence or would threaten the witnesses and she is languishing in jail since 11.11.2024 and she undertakes that in case, she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that after thorough investigation, it was found that the applicant was involved in committing offence and as such, she is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 11.11.2024; chargesheet has been filed; the applicant has a case criminal history which has been explained in the supplementary affidavit; prima facie, there is no cogent piece of evidence against the applicant so as to connect her with the offence coupled with the fact that the applicant has undertaken that in case, she is granted bail, she will not misuse the liberty of same and would cooperate in the trial proceedings. Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant- Afreen involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 14.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench