Neutral Citation No. - 2025:AHC-LKO:12589 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1842 of 2025 Applicant :- Smt. Tahseen And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Mohd. Sabir Farooqui Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Modh. Sabir Farooqui, learned counsel for the applicants and Sri Ran Vijay Singh, learned AGA for the State. 2. As per learned counsel for the applicants, the present applicants (Smt. Tahseen and Km. Rahnuma) are languishing in jail since 03.01.2025 in Case Crime No.483 of 2024 under Section 105 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Pali, District- Hardoi. 3. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards impugned FIR, which was lodged on 10.11.2024 for the alleged incident dated 7.11.2024 without explaining the delay. In the FIR, the present applicants are not named, however, it has been indicated that the family members of named accused Irshad were involved. The applicant No.1 is the wife of one Islam, whereas, applicant No.2 is daughter of Irshad. The general allegation of assault and beating has been attributed, as, no specific allegation has been levelled against the present applicants. The present applicants are having no prior criminal history of any kind whatsoever. Chargesheet has been filed. The present applicants being lady may be given the benefit of Section 480 BNSS. If, they are released on bail they shall not misused the liberty of bail and shall abide by all terms and conditions of the bail order. 5. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant, however, he conceded this fact that the present applicants are not named in the impugned FIR. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that in the FIR, the present applicants are not named; the applicants are a lady and having no prior criminal history of any kind whatsoever; and the undertaking that the applicants 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 applicants may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicants (Smt. Tahseen and Km. Rahnuma) be released on bail in the aforesaid case crime number on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants 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 them to appear and if the charge-sheet is filed against them they shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A IPC/208 of the B.N.S., 2023. (iv) The applicants 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 applicants 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 them in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 3.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench