HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6950 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that on 07.02.2025, the informant’s 30-year-old son was sleeping in the shop. At about 9:00 a.m., one Guddu informed the informant that his son, Shiv Mangal, was not responding and the shutter of the shop was closed. Acting on this information, the informant, accompanied by his nephew, went to the shop and found his son lying dead. It is alleged that some unknown persons had committed his murder. 3. Learned counsel for the applicant submits that case is of circumstantial evidence, and no iota of evidence collected by the investigating officer to establish the applicant’s involvement. The cause of death has been recorded as asphyxia due to antemortem strangulation. It is urged that the chain of circumstances is incomplete, and there is no recovery from the applicant. The alleged motive attributed to the applicant by the prosecution is false, and such motive alone cannot justify her implication. There is no direct or cogent evidence against the applicant. It is further submitted that PW-1, who has been examined before the trial court, has not supported the prosecution case and was declared hostile during cross-examination. The applicant is a lady, has no criminal antecedents, and is in custody since 11.02.2025. 4. It is further submitted that there is no possibility of the applicant of fleeing Versus Counsel for Applicant(s) : Shankar Lal Pandey, Abhishek Shukla, Manoj Kumar, Swati Mishra Counsel for Opposite Party(s) : G.A. Rekha @ Rubi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. On due consideration to the fact that the applicant is a woman, is in custody since 11.02.2025 without any criminal antecedents, no recovery has been made from her, the chain of circumstances prima facie appears incomplete, and PW-1 has not supported the prosecution case, this Court finds it a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rekha @ Rubi involved in Case Crime No. 74 of 2025, Under Section: 103(1), 61 (2) B.N.S., Police Station: Safdarganj, District: Barabanki, 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 her 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 in BAIL No. 6950 of 2025 2 accordance with law. (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 Section 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 hrt, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 25, 2025 R.C. BAIL No. 6950 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench