Neutral Citation No. - 2025:AHC-LKO:7884 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 187 of 2025 Applicant :- Saksana @ Raazia Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Mohd. Muballi Gussalam Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Learned A.G.A. has filed counter affidavit today in Court. The same is taken on record. 2. Heard Sri Mohd. Muballi Gussalam, learned counsel for the applicant and Sri Ram Ji, learned Additional Government Advocate for the State-respondents. 3. As per learned counsel for the applicant, the present applicant (Saksana @ Raazia) is languishing in jail since 30.06.2024 in Case Crime No. 0297 of 2024, under Sections 304 and 316 I.P.C., Police Station Kotwali Dehat, District Bahraich. 4. Learned counsel for the applicant has submitted that the present applicant has falsely been implicated in this case as she has not committed any offence as alleged in the prosecution story. 5.Attention has been drawn towards impugned F.I.R., wherein the present applicant has been made sole accused. As per allegation of the F.I.R., the present applicant kicked her sister- in-law (Nanad), who was pregnant of four months, resultant thereof she died during her treatment. Further, attention has been drawn towards Annexure No. 6, which is a examination and cross-examination of the informant, who has categorically stated before the court on oath that his daughter died on account of accident as she slipped from staircase. He further stated that on account of ill advised of the family members, he lodged false F.I.R. against present applicant. The present applicant has not committed any offence, therefore, such witness has been turned hostile. He has also drawn attention of this Court towards the statement of PW 2 and PW 3, who was the family members, who have also stated the same story, which have been indicated by the informant to the effect that the incident in question was a pure accident and the present applicant has not committed such offence. The present applicant is a widow having seven children and in such condition her children are in a abandoned condition, though her family members are looking after them. The present applicant has got no criminal history and she undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 BNSS. 6. Learned A.G.A. has opposed the aforesaid prayer of learned counsel for the applicant. 7. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record and the statement of the informant, who has categorically stated before the court on oath that his daughter died on account of accident as she slipped from staircase. He further stated that on account of ill advised of the family members, he lodged false F.I.R. against present applicant and the undertaking of the present applicant that she shall co-operate in the trial proceedings properly, the fact that she being a lady she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail. 8. Let the present applicant Saksana @ Raazia be released on bail in the aforesaid case crime number 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:- (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. 9. In view of the aforesaid terms, the bail application is allowed. Order Date :- 6.2.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench