Neutral Citation No. - 2025:AHC-LKO:3976 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 550 of 2025 Applicant :- Smt. Nidra @ Indu Bala Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Rakesh Kumar Nayak, learned counsel for the applicant and Sri Rajnish Kumar Verma, learned AGA for the State. The present applicant is in jail since 19.11.2024, in case crime no. 28 of 2009, under Sections 147, 149, 302, 323, 325, 504 of IPC at Police Station Bhiti District Ambedkar Nagar. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. After filing of the chargesheet and completion of the investigation, no chargesheet was filed against the present applicant. Though, chargesheet was filed against five accused persons, two were male and three were female. The present applicant was summoned under Section 319 of CrPC and such summoning order was stayed by this Court in a petition filed under Section 482 CrPC bearing No. 159 of 2012 on 18.01.2012. On account of the aforesaid reason, the trial of the present applicant could not be conducted. The trial has been concluded in the same crime case where two male persons have been convicted for life imprisonment whereas, three female accused persons have been convicted under Section 323 of IPC. The role of the present applicant is at par with those three female accused persons. The present applicant is having no prior criminal history of any kind whatsoever. The learned counsel has further submitted that if the applicant is released on bail, she shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned Additional Government Advocate has, however, opposed the prayer for bail but he has not disputed the aforesaid submission of learned counsel for the applicant. Considering the aforesaid facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail. The bail application is allowed. Let the applicant- Smt. Nidra @ Indu Bala Nishad, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) 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 under Section 229-A of the Indian Penal Code. (iii) 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. 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 of the Indian Penal Code. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. Order Date :- 21.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench