Neutral Citation No. - 2025:AHC-LKO:7879 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 172 of 2025 Applicant :- Afroz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Harpreet Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Sri Prashant Agarwal and Sri Chandran Srivastava, Advocate have filed Vakalatnama today in Court on behalf of the complainant. The same is taken on record. 2. Heard Sri Harpreet Singh, learned counsel for the applicant as well as Sri Chandran Srivastava, learned counsel for the complainant and Sri Shani Pratap Singh, learned Additional Government Advocate for the State-respondents. 3. As per learned counsel for the applicant, the present applicant (Afroz) is languishing in jail since 13.12.2024 in Case Crime No.375 of 2024, under Sections 115(2), 191(2), 351(3), 352, 109, 103(1) B.N.S., Police Statio Gosainganj, District Lucknow. 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. As per prosecution story, so narrated in the F.I.R., the present applicant along with five other co-accused persons have assaulted and beaten the victim (since deceased) through the kitchen items and burning wood, which is used to cook food. As a matter of fact on a trivial dispute occurred on account of distribution of food on Barawafat two parties started fighting and the present applicant along with her husband and other co- accused have beaten Sakir mercilessly. The cause of death is ante mortem head injury. The present applicant was assigned the role of having burning wood, which is used to cook the food and the deceased sustained such burn injury on his thigh.The deceased has not received fatal injury by the present applicant, even if the prosecution story on its face value is considered to be true. As a matter of fact the present applicant is only been implicated for the reason that her husband has been implicated along with other co-accused person. The incident is an outcome of the sudden quarrel, wherein there was no intention or motive to kill the victim. 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. as well as Sri Chandan Srivastava have opposed the aforesaid prayer of learned counsel for the applicant. They have submitted that all the accused persons including the present applicant have mercilessly beaten the victim, who succumbed to such injuries, therefore, this bail application may be rejected. 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, 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 (Afroz) 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. It is made clear that since the present applicant has been granted bail considering the fact that she being a lady is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. 10. 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