Neutral Citation No. - 2025:AHC-LKO:37256 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5841 of 2025 Applicant :- Juganu Opposite Party :- The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Manjeet Singh Counsel for Opposite Party :- G.A., Sachidanand, Jyoti Rajpoot Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, Mr. Sachidanand, Advocate who has filed vakalatnama on behalf of the complainant, which is taken on record, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the minor daughter of the informant Aradhya aged about 8 years who went to sell vegetables at about 4.00p.m. on 23.1.2025 has not returned. Learned counsel for the applicant submits that the applicant has been falsely implicated and she is innocent. The applicant is a widow having three minor children aged about 14, 8 and 6 years. There is no material to show complicity of the applicant except confessional statement of the applicant. The alleged recovery from the accused applicant is false. There is no independent witness thereto. The applicant has no previous criminal history. The applicant is in jail since 6.2.2025. 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. and complainant's counsel opposed the prayer for bail and submitted that there is a last seen evidence as well as confessional statement of the applicant. 4.Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, the applicant is not named in the first information report, husband of the applicant has committed suicide, it is a case of circumstantial evidence, the last seen evidence may not be enough, coupled with the fact that the applicant is a widow having three minor children, charge sheet in the matter has been filed, arguments advanced by learned counsel for the parties, the applicant is in jail since 6.2.2025 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 Juganu, involved in Case Crime No.29 of 2025 under sections 140(2), 238, 3(5) BNS, P.S. Dubagga, 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 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. (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 her, in accordance with law, under Section 174-A of the Indian Penal Code. It is made clear that any observation(s) made in the present order shall not affect the trial. Order Date :- 2.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench