HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8793 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. It is alleged that on 21.03.2025, at about 1:00 p.m., while elder brother of the informant was seated on a chair at the entrance of the house, on the western side of our premises, Chandra Mishra was laying the foundation on his residential land, where a dispute arose with Bhagauti. In the course of the quarrel the named accused persons assaulted with lathis, sticks, and a farsa. Meanwhile, a bomb was hurled at Ram Shankar Mishra, as a result of which he died on the spot. It is further alleged that the present applicant was also involved in the incident. 3. Learned counsel for the applicant submits that the FIR was lodged by the informant, who has not attributed any specific role to the applicant therein. However, in his statement recorded under Section 161 Cr.P.C., he subsequently assigned the role of bringing a bag containing bombs to the applicant. The applicant is in custody since 23.03.2025 and has no criminal antecedents. 4. 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. 5. Learned A.G.A. has opposed the bail application, submitting that apart Versus Counsel for Applicant(s) : Amitesh Pratap Singh Counsel for Opposite Party(s) : G.A. Sitapati .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) from the statement of the complainant, there are two independent witnesses who have also attributed the role of carrying the bag to the present applicant. 6. Perused the record. 7. The post-mortem report reflects that the cause of death was antemortem head injury and the deceased had sustained blast injuries. In the FIR, the allegations against the applicant, who is a lady, are general in nature, whereas the charge sheet discloses specific allegations against co-accused Shravan Mishra, and not against the present applicant. 8. Considering the totality of the facts and circumstances, coupled with the fact that the applicant, who is a lady and is 81 years old, is in custody since 23.03.2025 and has no criminal antecedents, I am of the view that the case is fit for grant of bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Sitapati involved in Case Crime No.82/2025, Under Section-103(1) B.N.S. and 3/4/5 of The Explosive Substances Act, Police Station- Tarabganj, District- Gonda, 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. BAIL No. 8793 of 2025 2 (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). 11. 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 15, 2025 R.C. BAIL No. 8793 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench