Neutral Citation No. - 2025:AHC-LKO:7219 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1021 of 2025 Applicant :- Ambika Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anupam Rastogi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Anupam Rastogi, learned counsel for the applicant and Shri Nikhil Singh, learned AGA-I for the State- respondent. 2. Learned counsel for the applicant submits that the present applicant has been falsely implicated and is in jail since 27.05.2024 in Case Crime No.16 of 2024 under Sections 323, 304, 504 IPC, police station Sidhauli, District Sitapur. 3. Learned counsel for the applicant has drawn attention of this Court to impugned FIR, wherein the allegation of beating, torturing and assault has been levelled against three accused persons including the present applicant. As a matter of fact, the allegations have been levelled against the present applicant, husband of the applicant and their daughter. After completion of investigation the police has filed Final Report in favour of the daughter of the present applicant Julie. 4. As per medical report the victim sustained two ante mortem injuries, one being abrasion of 3.5 cm x 0.5 cm, present on lateral aspect of right side of neck, 4.5 cm below right ear, and the second injury being abrasion of 2.0 cm x 1.5 cm, present on back of right elbow joint. The victim also sustained perforation of size 2.4 cm x 2.0 cm present on colon and ecchymosis present around the wound. The cause of death is immediate shock as a result of colon perforation. 5. Learned counsel for the applicant further submitted that there was no prior enmity between the families of the applicant and the victim or the informant and that the informant with ulterior motive in his mind lodged the impugned FIR after two days of the incident. Besides, the present applicant is a lady, therefore, she may be given the benefit of Section 437 Cr.P.C. (Section 480 BNSS). The applicant has no prior criminal history of any kind whatsoever. Charge Sheet has also been filed against the applicant. Therefore, if the present applicant is enlarged on bail, she undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. 6. Learned AGA has opposed this bail application by submitting that the deceased was murdered brutally, therefore, this bail application may be rejected. 7. Having heard the learned counsel for the parties and having perused the material on record, wherein allegations have been levelled against the present applicant and her husband and her daughter, and final report has been filed against her daughter Julie and the fact that the applicant has no criminal history and charge sheet has also been filed against her and considering the fact that the present applicant is an old aged lady of 49 years, she may be granted the benefit of Section 437 Cr.P.C. (Section 480 BNSS), therefore, considering the undertaking given by the applicant that she will not misuse the liberty of bail if granted to her and that she shall cooperate in the trial proceedings. 8. Accordingly, the bail application is allowed. 9. Let applicant- Ambika 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 he 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 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. 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 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 him in accordance with law. (v) The applicant shall not leave India without previous permission of the Court. 10. It is made clear that present applicant has been granted bail considering the fact that she is a lady, therefore, the co-accused may not seek parity with the applicant. (Rajesh Singh Chauhan, J.) Order Date :- 4.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench