Neutral Citation No. - 2025:AHC-LKO:3249 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 231 of 2025 Applicant :- Santoshi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vijay Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vijay Nath Pandey, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 19.04.2023 in FIR/ Case Crime No. 20 of 2023, under Sections 419, 420, 467, 468, 471, 120-B IPC & Section 7-A P. C. Act, Police Station- S.I.T., District- Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has submitted that in the impugned FIR, the date of incident has been indicated as 10.12.1998 but the FIR has been lodged on 24.03.2023 without explaining the aforesaid inordinate delay properly. This bail application has been pressed mainly on the ground that the applicant is an old lady aged about 86 years and is in jail since 19.04.2023. It is submitted that charge sheet has been filed in the case but the trial has not started yet. The applicant is suffering from age related ailments and proper treatment is required, otherwise she may lose her life. The applicant is implicated in total 14 cases, wherein the FIR's having similar allegations has been lodged. The applicant has been granted bail in ten cases and those bail orders have been enclosed with the present bail application. The applicant 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 437 Cr.P.C. 5. Per contra, learned Additional Government Advocate, however, opposed the prayer for bail but could not dispute the aforesaid contentions of learned counsel for the applicant. 6. 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. and other material available on record, the fact that the applicant is an old lady aged about 86 years; charge sheet has been filed but the trial has not started yet; the applicant is suffering from age related ailments and proper treatment is required; the applicant is implicated in total 14 cases, wherein the FIR's having similar allegations has been lodged; the applicant has been granted bail in 10 cases out of 14 cases; the undertaking of the present applicant that she shall co- operate in the trial proceedings properly, the fact that being a lady she may be given the benefit of Section 437 Cr.P.C., I am of the view that the present applicant may be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the present applicant- Santoshi be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with 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. (v) The present applicant shall not leave the country without prior permission of the Court. (Rajesh Singh Chauhan,J.) Order Date :- 17.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench