Neutral Citation No. - 2025:AHC-LKO:34765 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5047 of 2025 Applicant :- Sumitra Devi Opposite Party :- State Of U.P. Thru.Prin. Secy. Home Sectt. Lko Counsel for Applicant :- Pranendra Mirdha,Divya Yadav,Pranjali Mirdha,Ram Sagar Counsel for Opposite Party :- G.A.,Julfikar Ahmad,Mahmood Alam Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Shri Julfikar Ahmad, Advocate on behalf of the complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A.for the respondent State and learned counsel for the complainant. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.49 of 2025, under Section 238A B.N.S, (201 IPC), Police Station Kotwali Ayodhya, District Ayodhya. As per the prosecution case, it is alleged that on 31.01.2025 at around 24:00 hours, the younger sister of the complainant, aged about 21 years, who was sleeping at home with family members, was found missing the next morning. When the family members woke up, they noticed that she was not present. Despite efforts to search for her, she could not be found. An apprehension was raised in the First Information Report that someone had enticed her away, and accordingly, a missing report came to be lodged under Section 87 of the Bharatiya Nyaya Sanhita, 2023. Learned counsel for the applicant submits that no one is named in the FIR and the case is based on circumstantial evidence. After the recovery and identification of the dead body, an inquest report was prepared and postmortem was conducted, in which 18 antemortem injuries were found on the body of the deceased. The applicant has been implicated in the case solely on the basis of the statement of co- accused Digvijay. Except the statement of co-accused Digvijay and the confessional statement of the applicant, there is nothing on record to implicate her. The only allegation against the applicant, on the basis of her confessional statement, is that she destroyed/burnt the jacket belonging to co-accused Digvijay Singh. Learned counsel for the applicant submits that the applicant is a 60 year old lady and the mother of six children born out of wedlock with Dayaram Kori. It is submitted that she is not the wife of Digvijay and has been falsely implicated in the present case. He further submits that the offence under Section 238A of the B.N.S. is bailable. It is lastly submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail. Perused the record. On due consideration of the provisions of Section 478 of the B.N.S.S., 2023, the age of the applicant, the facts that the applicant is a lady, the case is based on circumstantial evidence, she is in jail since 05.02.2025, she has no criminal history, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, bail application is allowed. Let the applicant, Sumitra Devi involved in aforesaid case crime number 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 he 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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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. 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 him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 5.6.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench