Neutral Citation No. - 2025:AHC:143498 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5894 of 2025 Applicant :- Smt Asha Singh Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Deo Shukla,Sanjay Kumar Tripathi,Vivek Shukla Counsel for Opposite Party :- G.A.,Rajesh Kumar Yadav,Surendra Kumar Jaiswal Hon'ble Ashutosh Srivastava,J. Heard Mr. N.D. Shukla, learned counsel for the applicant, Mr. Rajesh Kumar Singh, learned counsel for the State and perused the record. The instant bail application u/s 483 BNSS at the instance of the applicant Smt. Asha Singh has been filed seeking enlargement on bail in Case Crime No. 354 of 2024, under Sections 137(2), 140(1), 103(1) and 238 B.N.S., Police Station Badlapur, District Jaunpur, during the pendency of the trial before the learned trial court. The bail application of the applicant before the court below was rejected by the Sessions Judge, Jaunpur vide order dated 30.09.2024 and the applicant is languishing in jail since 06.09.2024. Learned counsel for the applicant has vehemently argued that the applicant is entirely innocent and has been falsely implicated in this very case crime number for ulterior motive. The F.I.R. giving rise to the instant case crime number was initially lodged against unknown persons under Section 137(2) B.N.S. with the allegations that on 05.09.2024 at 5:30 P.M. the daughter of the first informant namely, Radha aged about two and half years went missing and after intensive search nothing could be known where after the police was intimated by dialing 112. Subsequently, the missing girl's body was discovered from an agricultural farm. Panchayatnama was performed and thereafter the body of the deceased was sent for postmortem. The postmortem report revealed three injuries upon the body of the deceased. Two injuries were contusion and one injury was on the head and cause of death reported was hemorrhage shock and coma as a result of ante mortem head injury. It has been argued by learned counsel for the applicant that the applicant has employed the the informant as her domestic help. She has been roped in merely on the basis of suspicion on the ground that she handed over one letter, three bangles and one anklet (Payal) belonging to the deceased to the informant which were found from the agricultural farm of the applicant. The applicant has been implicated on the basis of the occular version of one Roshan @ Golu Kharvar of last seen. The said Roshan @ Golu Kharvar has subsequently filed a notarial affidavit denying the factum of making the statement before the I.O. Further the I.O. has not sent the alleged letter recovered for FSL examination which fact is admitted in the compliance affidavit filed by learned counsel for the State. The contents of the letter are not known and cannot be relied upon against the applicant. It is also argued that charge-sheet has already been filed and custodial interrogation is no longer required. It is also argued that the applicant is a lady and entitled to the benefit of Section 480 BNSS. Hence bail is prayed for. Per contra, the bail plea is vehemently opposed by learned AGA by submitting that credible evidence has been collected against the applicant establishing her complicity in the offence alleged. Charge-sheet has already been submitted on 30.11.2024 and the court has already taken cognizance and the trial is under way. The I.O. has also collected rope from the place of the incident. The applicant has killed the deceased aged about three years to satisfied some tantrik arrangement to benefit her son in law. The deceased child was last seen with the applicant as per the witness Roshan @ Golu Kharvar. It is accordingly prayed that the bail application of the applicant warrants rejection. Having heard the learned counsel for the parties and having perused the records the court finds that the false implication of the applicant in the commission of the crime can not be ruled out particularly in view of the fact that the agricultural field from where the body of the deceased has been recovered was being ploughed by the parents of the deceased themselves, lack of any direct or indirect evidence against the applicant except the statement of Roshan @ Golu Kharvar, which statement in the opinion of the Court does not appear to be trustworthy. Without commenting on merit of case, the Court is of the view that a case for bail is made out in favour of the applicant considering the period of incarceration and benefit of Section 480 BNSS. Accordingly, the bail application is allowed. Let the accused-applicant, Smt. Asha Singh, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 29.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad