HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9043 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. As per the prosecution case, a fight ensued between Deep Narayan (complainant) and Neeraj, both of whom were heavily intoxicated. They are real uncle and nephew. During the incident, on Neeraj’s side, his mother Shyama Devi and Kaushalya (the present applicant) joined the fight, while on Deep Narayan’s side, his wife Malti and daughters Radha and Mamata also intervened. Malti, Radha, and Mamata were taken by ambulance for treatment, while Shyama Devi was also sent to CHC Khargupur. In the occurrence, the complainant’s daughter Radha succumbed to her injuries and died. Deep Narayan, his wife Malti, and daughter Mamata sustained injuries, while from the applicant’s side, Neeraj and Shyama Devi also received injuries. The cause of death was opined as hemorrhage and shock due to antemortem injuries. 3. Learned counsel for the applicant submits that the applicant is a lady and has been falsely implicated in the matter. It is further submitted that co- accused Shyama Devi, who was assigned a similar role, has already been granted bail by this Court vide order dated 22.07.2025 in Criminal Misc. Bail Application No. 6542 of 2025. The applicant, therefore, seeks parity with the said order. It is also pointed out that the applicant is in custody since Versus Counsel for Applicant(s) : Vijayendra Prakash Tripathi, Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Kaushalya .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 31.05.2025 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 AGA has opposed the bail application, however, could not dispute the fact that it is a case of parity. 6. Having regard to the bail order passed in favour of co-accused Shyama Devi, coupled with the fact that the applicant is a lady, the allegations against her are general in nature, and she is in jail since 31.05.2025 without any criminal history, I find it to be a fit case to enlarge the applicant on bail on the ground of parity. 7. Accordingly, the bail application is allowed on the ground of parity. 8. Let the applicant Kaushalya involved in Case Crime No.13 of 2025, under Sections 115 (2), 352, 351 (3), 110 & 105 of Bharatiya Nyaya Sanhita, 2023, Police Station-Kauriya, 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 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 BAIL No. 9043 of 2025 2 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). 9. It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. September 22, 2025 R.C. BAIL No. 9043 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench