Neutral Citation No. - 2025:AHC-LKO:4868 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 719 of 2025 Applicant :- Manju Devi Opposite Party :- State Of U.P.Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Gyanendra Pathak, learned counsel for the applicant, Sri Alok Singh, learned Additional Government Advocate for the State and Sri Manoj Kumar Singh, learned counsel, who has filed Vakalatnama on behalf of the complainant/ informant, the same is taken on record. 2. As per learned counsel for the applicant, the present applicant (Manju Devi) is languishing in jail since 26.10.2024 in Case Crime No.367 of 2024, under Sections 105, 352 & 115 (2) of Bharatiya Nyaya Sanhita, 2023, Police Station-Dargah Shareef, District-Bahraich. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards the impugned F.I.R. which was lodged on 16.10.2024 for the alleged incident dated 09.10.2024 without explaining the aforesaid delay. In the F.I.R., the general allegation of assault and beating has been attributed to four accused persons including the present applicant. The victim (since deceased) received two injuries. One is on the head and another is on the back abdomen. The entire family of the present applicant has been implicated. No specific role or weapon has been assigned to the present applicant. 5. Learned counsel for the applicant has submitted that the charge-sheet has been filed in this case. The present applicant is having no criminal history of any kind whatsoever. He has undertaken on behalf of the present applicant that she shall co- operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 B.N.S.S. 6. On the other hand, learned Additional Government Advocate as well as learned counsel for the complainant/ informant have, however, opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the delay in lodging the F.I.R. has not been explained; the general allegation of assault and beating has been attributed to four accused persons including the present applicant; no specific role or weapon has been assigned to the present applicant; there is no criminal history of any kind whatsoever against the present applicant; the charge-sheet has been filed and the undertaking that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; the fact that she being a lady may be given the benefit of Section 480 B.N.S.S, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Manju Devi) 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 24.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench