Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 388 of 2025 Applicant :- Ram Devi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko Counsel for Applicant :- Prabhu Ranjan Tripathi,Aparna Tripathis Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant, Sri Nikhil Singh, learned AGA-I for the State. The present applicant is in jail since 06.12.2024, in case crime no. 386 of 2024, under Sections 108 of BNS at Police Station Mailani District Lakhimpur Kheri. At the very outset, learned counsel for the applicant has submitted that the present applicant is a patient of cancer and her treatment is going on in KGMU, Lucknow. One photocopy of the radiogram dated 14.01.2025 along with the bed head ticket of District Hospital, Lakhimpur Kheri has been shown to the Court, demonstrating that the present applicant has been admitted in the District Hospital. Annuexure Number 11 is a relevant paper showing her ailment, therefore, the learned counsel for the applicant has pressed that this bail application may be decided mainly on the two grounds. Firstly, the present applicant is a patient of cancer and she being a lady may be given benefit of Section 480 BNSS. Learned counsel has stated that there is no overt or positive act of the present applicant to instigate Sri Ram Naresh and his two sons to commit suicide on 05.12.2024 and on 06.12.2024. As a matter of fact, the husband of the present applicant being a maternal uncle of two sons of deceased Ram Naresh was looking after them since childhood, and there is no complaint of any kind whatsoever against her husband or the present applicant that they have ever tortured those two sons of late Ram Naresh. Even there is no complaint against the present applicant regarding her ill behaviour with the two children of late Ram Naresh or against Ram Naresh. Though, one suicide note of the complainant of the present FIR has been found wherein, it has been indicated that he is committing suicide on account of ill treatment of the present applicant, but what was that ill treatment is has not been indicated in that suicide note. The ingredients of Section 108 BNS in the present case may only be tested during the course of the trial inasmuch as at this stage, those ingredients are missing. If the present applicant is granted bail on the medical ground as well as on the ground that she is an old aged lady of 65 years, she shall cooperate in the investigation proceedings and shall not misuse the liberty of Bail. Per contra, Sri Nikhil Singh has opposed the aforesaid bail application by submitting that after perusal of the suicide note, it is apparent that on account of abatement of the present applicant, all the three persons have committed suicide. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 06.12.2024; the applicant is a cancer patient and is an old aged lady; and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Ram Devi, 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. (v) Before parting with, it is expected that the trial shall be concluded with expedition, strictly in accordance with law, without adjourning the case for any unnecessary reason. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial properly. Before partying with, this bail application of the present applicant is being considered mainly on the ground that she is a cancer patient and is an old aged lady. Therefore, other accused persons may not seek parity with the present applicant. Order Date :- 16.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench