HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11816 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record. 2. The present application has been filed on behalf of the applicant seeking bail in Case Crime No. 253 of 2025, under Sections- 117(2), 191(3), 190, 103(1), 115(2), 126(2), 191(2) B.N.S., Police Station-Sandana, District-Sitapur. 3. While pressing the instant application, the learned counsel for the applicant stated that as per the FIR in issue i.e. FIR No. 0253/2025 lodged by the opposite party No. 2/Smt. Sarita on 27.07.2025 at Police Station- Sandana, District- Sitapur, in connection of which the applicant a lady aged about 60 years having no criminal history and is languishing jail since 22.08.205, Manoj, Govind, Rakesh and Kamlesh assaulted the deceased with Lathi and Danda. Thus, as per the FIR, the applicant was not present at the place/situs of crime. 4. It is further stated that the name of the applicant surfaced in the statements of eye- witnesses namely Priyanshi and Priya (copies of statements of these witnesses are annexed at page 47-48 of the paper book). 5. It is also stated that the story of prosecution based upon the statements of eye- witnesses namely Priyanshi and Priya is doubtful as the statements of these witnesses were recorded after huge delay i.e. about one month from the date of incident i.e. 27.07.2025 and it appears that these witnesses implicated the applicant being the mother of co-accused Rakesh. 6. It is further stated that the injured witnesses namely Pramod and Ramaadhar, whose testimony should be considered having greater evidentiary value, did not indicate the name of the applicant. 7. It is further stated that taking note of the aforesaid facts of the case and also Section 480 B.N.S.S., akin to Section 437 Cr.P.C. (now repealed), the applicant is entitled to be released on bail. In case of being enlarged on bail, she will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 8. Learned A.G.A. opposed the prayer of the applicant. However, he could not dispute the above contentions made by the applicant's counsel including made based upon the testimony of injured witnesses. 9. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also taking note of the testimony of injured witnesses Versus Counsel for Applicant(s) : Rakesh Kumar Tripathi Counsel for Opposite Party(s) : G.A. Savitri .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 10. Let the applicant- Savitri be released on bail in the aforesaid case crime number on her furnishing personal bond of Rs. 25,000/- and two reliable sureties (one of family member) each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) 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. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 11. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 12. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. December 1, 2025 Arun/- BAIL No. 11816 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench