Neutral Citation No. - 2025:AHC-LKO:6912 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 990 of 2025 Applicant :- Arti Nigam Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Prabhu Ranjan Tripathi,Aparna Tripathis,Vandana Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant and Sri Shani Pratap 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 6.12.2024 in Case Crime No. 386 of 2024 u/s 108 BNS, P.S. Mailani, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. The present applicant is a married lady having two children. She is in government service, serving as a 'Constable' in U.P. 112. Attention has been drawn towards the impugned F.I.R. wherein the general allegations have been leveled against all accused persons including the present applicant. One suicide note was found at the place of incident wherein the name of accused persons have been indicated but from that suicide note it is not clear as to how the present applicant has instigated the victims to commit suicide. She had nothing to do with the victims who committed suicide. As a matter of fact there is no overt or positive act of the present applicant to instigate Ram Naresh and his two sons to commit suicide on 5.12.2024. She is having no prior criminal history of any kind whatsoever. She being a lady may be given the benefit of section 180 BNSS. Besides, one co-accused Ram Devi has been granted bail on 16.1.2025, therefore, on the basis of parity she may also be enlarged on bail. 4. 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. 5. 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. 6. 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 applicant is a married lady having two children, applicant is in government service, serving as a 'Constable' in U.P. 112, in the F.I.R. general allegations have been leveled against all accused persons including the present applicant, one suicide note was found at the place of incident wherein the name of accused persons have been indicated but from that suicide note it is not clear as to how the present applicant has instigated the victims to commit suicide, applicant had nothing to do with the victims who committed suicide, there is no overt or positive act of the present applicant to instigate Ram Naresh and his two sons to commit suicide on 5.12.2024, applicant is having no prior criminal history of any kind whatsoever, she being a lady may be given the benefit of section 180 BNSS, one co-accused Ram Devi has been granted bail on 16.1.2025 vide Criminal Misc. Bail Application No. 388 of 2025, on the basis of parity with the co-accused Ram Devi 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. 7. Bail application is allowed. 8. Let the applicant Arti Nigam, 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 he / 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 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 / her in accordance with law, under Section 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 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 him / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 31.1.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench