Neutral Citation No. - 2025:AHC-LKO:12495 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1613 of 2025 Applicant :- Smt. Ram Devi Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Counsel for Applicant :- Ajay Madhavan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajay Madhavan, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Smt. Ram Devi) is languishing in jail since 26.07.2021 in Case Crime No.389 of 2021, under Sections 302 & 120-B I.P.C., Police Station-Kachhauna, District-Hardoi. 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. wherein the allegations have been levelled against four accused persons including the present applicant. The allegation against the present applicant is that she with the help of co-accused, Roshan Lal, with whom she was allegedly having illicit relations killed her husband. The role of killing has been attributed to the co-accused, Roshal Lal, and the present applicant had allegedly assisted him in committing such crime. In the F.I.R., the mother of the co-accused Roshan Lal, namely, Smt. Uma @ Uma Devi is accused and one minor, namely, Mohit is also accused. 5. Further attention has been drawn towards Annexure No.3 of the bail application, which are the bail orders of the co-accused persons, namely, Smt. Uma @ Uma Devi, Roshan Lal and Mohit (Minor) who have been granted bail by this Court vide orders dated 31.03.2022 passed in Criminal Misc. Bail Application No.561 of 2022, order dated 21.08.2023 passed in Criminal Misc. Bail Application No.917 of 2023 and order dated 25.08.2023 passed in Criminal Appeal No.2301 of 2023. The present applicant is in jail for more than three years and seven months. She is having no criminal history of any kind whatsoever and the fact that the co-accused persons have been granted bail and learned counsel for the applicant undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 437 Cr.P.C./ 480 B.N.S.S. 6. On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail 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 role of killing has been attributed to the co-accused, Roshal Lal; she is in jail for more than three years and seven months; the fact that the co-accused persons, namely, Smt. Uma @ Uma Devi, Roshan Lal and Mohit (Minor) (supra) have been granted bail by this Court (Annexure No.3); the present applicant is having no prior criminal history 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 she may be given the benefit of Section 437 Cr.P.C./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 (Smt. Ram 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 :- 3.3.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench