Neutral Citation No. - 2025:AHC-LKO:11508 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1689 of 2025 Applicant :- Seema Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.And Another Counsel for Applicant :- Prabhakar Srivastava,Ashish Kumar,Shailendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shailendnra Pratap Singh, learned counsel for the applicant and Sri Ranvijay Singh, learned AGA for the State. 2. At the very outset, learned counsel for the applicant has requested that he may be permitted to delete the opposite party No.2 from the array of opposite parties. 3. On the aforesaid request, learned counsel for the applicant is permitted to deleted the opposite party No.2 from the array of opposite parties. 4. As per learned counsel for the applicant, the present applicant (Seema Devi) is languishing in jail since 14.12.2024 in Case Crime No.0794 of 2024 under Sections 70(1), 115(2), 140(1), 191(2) of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- PGI, District- Lucknow. She has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 5. Attention has been drawn towards impugned FIR, which was lodged on 30.11.2024 for the incident dated 23.11.2024 without explaining the inordinate delay. The specific allegation of gang rape has been levelled against the accused Kishan Yadav, Vivek Yadav, Akhilesh Yadav, Dharmendra Yadav, Ranjit Yadav, Sunil Yadav, Shani and against some other unknown persons but no such allegation has been levelled against the present applicant, as that allegation could not have been levelled against her, as she is a lady. 6. As per FIR as well as statement of victim recorded under section 180 & 183 B.N.S.S. only this much has been indicated that in the vehicle i.e. Swift Dzire, which was used to kidnap her, alongwith co-accused persons the present applicant was also present. It is not a prosecution story that present applicant had assisted the kidnappers in any manner whatsoever or she was instrumental to kidnap the prosecutrix. Only her presence has been indicated. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed against the present applicant. The present applicant being a lady may be given the benefit of Section 480 B.N.S.S. If, she is released on bail she shall not misused the liberty of bail and shall abide by all terms and conditions of the bail order. 7. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that the present applicant was involved in the alleged commission of crime. 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a lady and having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Seema 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls her to appear and if the charge-sheet is filed against her she shall cooperate in the trial proceedings properly and 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. Order Date :- 24.2.2025 Reena/- Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench