Neutral Citation No. - 2025:AHC-LKO:36052 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5394 of 2025 Applicant :- Prema Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Kaustubh Singh,Dinesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA 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. 391 of 2025, under Sections 303(2), 317(2), 3(5) of BNS, Police Station Kotwali Sadar, District Kheri. Contention of learned counsel for the applicant is that the applicant is innocent and she has falsely been implicated in the instant matter due to ulterior motive. He next submits that a gold chain is shown to have been recovered from the possession of the applicant but that could not be connected properly, as per the provisions of Evidence Act. He next submits that the applicant is not named in the First Information Report and only on the basis of suspicion, she has been implicated by the police. He added that the police could not collect any cogent piece of evidence against the applicant and chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would tamper the evidences or threaten the witnesses. He also submits that the applicant has no previous criminal history and she is languishing in jail since 10.05.2025 and she undertakes that she will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the offence of theft and as such, she is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the applicant is a woman; a gold chain is said to be recovered from the possession of the applicant but that could not be connected properly; the applicant is not named in the FIR and only on the basis of suspicion, she is implicated in the case; chargesheet has been filed in the matter, therefore, there is no possibility of tampering the evidences or threatening the witnesses by the applicant; the applicant has no previous criminal history and she is languishing in jail since 10.05.2025, coupled with the fact that she has undertaken that that he will not misuse the liberty of bail, if granted 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-Prema 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 :- 23.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench