Neutral Citation No. - 2025:AHC-LKO:4114 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 445 of 2025 Applicant :- Ramshree @ Chhutkunna Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Smriti, learned counsel for the applicant and Sri Bhupendra Kumar Singh, learned State Counsel. 2. As per learned counsel for the applicant, the present applicant is in jail since 13.12.2023, in FIR/ Case Crime No. 263 of 2023, under Sections 120-B,/34, 302/34 IPC, Police Station- Sawayajpur, District- Hardoi. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. She has further stated that the applicant is an old aged lady of about 80 years and she is in jail without there being any incriminating material or evidence against her. She has further stated that even the FIR has been lodged after a delay of two months without explaining the reason of delay. Learned counsel for the applicant has stated that the applicant is having age related ailments and being a lady, she may be given the benefit of Section 437 CrPC. Charge sheet has been filed in the case. The applicant has no prior criminal history of any kind whatsoever. 4. Learned counsel has further stated that the applicant undertakes that if she is enlarged on bail, she shall co-operate 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. 5. Learned A.G.A. has, however, opposed the prayer for bail but she could not dispute the aforesaid submissions of learned counsel for the applicant. 6. 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 applicant is an old aged lady of about 80 years; there is no incriminating material or evidence against her; the FIR has been lodged after a delay of two months without explaining the reason of delay; the applicant is having age related ailments and being a lady, she may be given the benefit of Section 437 CrPC; Charge sheet has been filed in the case; the applicant has no prior criminal history of any kind whatsoever and the 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. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Arun Kumar Tiwari 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 him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. (Rajesh Singh Chauhan,J.) Order Date :- 21.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench