HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8997 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 the grandson of the informant was administered poison by his mother, the present applicant. 3. Learned counsel for the applicant submits that the allegations in the prosecution case have not been substantiated during trial. Out of five prosecution witnesses of fact, including the informant, who have been examined, four witnesses, i.e., PW-1 to PW-4, have turned hostile. While the FIR mentions poisoning as the cause of death, the postmortem report records the cause of death as cardiopulmonary arrest. The doctor, examined as PW-5, has also deposed that the immediate cause of death was cardiopulmonary arrest, and viscera had been preserved. The applicant is in custody since 08.11.2024 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, he shall not misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail application, however, could not clarify whether the viscera was sent for examination by the investigating officer while submitting the charge sheet, or whether the viscera report has been exhibited before the trial court. 6. Considering the fact that the applicant, a lady with no criminal Versus Counsel for Applicant(s) : Saggir Counsel for Opposite Party(s) : G.A. Khushnuma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) antecedents, is in custody since 08.11.2024; four material prosecution witnesses (PW-1 to PW-4) have been declared hostile; and there appears to be no likelihood of tampering with the prosecution evidence, I am of the view that this is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Khushnuma involved in Case Crime No. 408/2024, U/s-103(1) Bhartiya Nyay Sanhita, 2023, Police Station-Lambhua, District-Sultanpur, 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 he 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). BAIL No. 8997 of 2025 2 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 19, 2025 R.C. BAIL No. 8997 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench