Neutral Citation No. - 2025:AHC-LKO:46006 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7218 of 2025 Applicant :- Kishora Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anurag Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the informant’s son, Laxman (deceased), who was a labourer, was hanged by the named accused persons with common intention near the primary school. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. There is no evidence indicating any instigation on the part of the applicant. The independent witness, Sunita, does not support the prosecution version. The cause of death has been stated as asphyxia due to antemortem hanging, and there is no eyewitness to the incident. The applicant, being a woman, is in custody since 10.04.2025 and has no criminal antecedents. The prosecution version appears to be highly improbable. It is further 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, she shall not misuse the liberty of bail. 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. On due consideration to the fact that the charge sheet has been filed, the applicant is a woman with no prior criminal record and is in jail since 10.04.2025, and upon perusal of the statements of the prosecution witnesses, it appears that the ingredients of the offence under Section 108 BNS are not prima facie made out, I am of the view that this is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the applicant Kishora involved in Case Crime/FIR No. 113/2025, under Sections 108 BNS, Police Station - Asandra, 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 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 her, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 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. Order Date :- 7.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench