Neutral Citation No. - 2025:AHC-LKO:4858 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 698 of 2025 Applicant :- Aarfa Begam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri O.P. Tiwari, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 20.7.2024 in Case Crime No. 175 of 2024 u/s 302, 120B IPC, P.S. Ajgain, District Unnao. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. which was lodged against unknown persons. Since there is no eye witness account, therefore, the specific allegation of murder has not been levelled against any particular person. The present applicant has been implicated on the basis of confessional statement of one Salim s/o late Siddique r/o Ajmer, Rajasthan. The role attributed to the aforesaid Salim is contract killer and as per prosecution story the present applicant with the help of Hasam Ali planned to eliminate the deceased who was the step son of the present applicant as the deceased was protesting the elicit relation of the present applicant with Hasam Ali. 4. Learned counsel for the applicant has stated that except the aforesaid extra-judicial confession of co- accused Salim there is no incriminating material to suggest that the present applicant was involved in the offence in question. The present applicant is having no prior criminal history of any kind whatsoever. The charge- sheet has been filed in this case. The applicant being a lady may be given the benefit of section 437 Cr.P.C. (480 B.N.S.S.). 5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the F.I.R. was lodged against unknown persons, there is no eye witness account, the specific allegation of murder has not been levelled against any particular person, applicant has been implicated on the basis of confessional statement of one Salim s/o late Siddique r/o Ajmer, Rajasthan, except the aforesaid extra-judicial confession of co-accused Salim there is no incriminating material to suggest that the present applicant was involved in the offence in question, applicant is having no prior criminal history of any kind whatsoever, charge- sheet has been filed in this case, the applicant being a lady may be given the benefit of section 437 Cr.P.C. (480 B.N.S.S.) and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Aarfa Begam, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (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 his absence, without sufficient cause, the trial court may proceed against him 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 his presence proclamation under Section 82 Cr.P.C.may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, 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 applicant shall not leave the country without permission of the Court concerned. 10. Before parting with it is made clear that the present bail application has been considered in view of section 437 Cr.P.C. (480 B.N.S.S.) as the applicant is a lady, so the other co-accused persons may not claim parity with her. . (Rajesh Singh Chauhan, J.) Order Date :- 24.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench