Neutral Citation No. - 2025:AHC-LKO:12511 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1859 of 2025 Applicant :- Fulkala Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Vivek Kumar Rai,Sachin Yadav,Saurabh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vivek Kumar Rai, learned counsel for the applicant and Sri Anant 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 7.11.2024 in Case Crime no. 172 of 2024 u/s 103(1)BNS, 3(5) BNS, 109 BNS, 115(2) BNS, 118 (1) BNS, 351(2)BNS, 352 BNS, P.S. Bhale Sultan Shahid Smarak, District Amethi. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Learned counsel has stated that the name of the daughter of the present applicant namely, Shashi has been deleted and no charge-sheet has been filed against her. However, charge-sheet has been filed against the present applicant and other co-accused persons. 4. Attention has been drawn towards the impugned F.I.R. wherein the general allegation of assault and beating has been attributed to the four accused persons including the present applicant. The name of the present applicant has been indicated as Raj Kumari w/o Sudh Ram Pasi whereas her correct name is Fulkala w/o Sudh Ram Pasi and her name has been corrected in the prosecution papers. The present applicant has not committed any offence and no specific weapon has been assigned to the present applicant. Initially the F.I.R. was not lodged for the murder but during the investigation the victim died, therefore, the section of murder i.e. 103(1) BNS has been added. The present applicant being a lady may be given the benefit of section 480 BNSS. She has no previous criminal history of any kind whatsoever. The charge-sheet has been filed in this case. 5. 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. 6. 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. 7. 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 in the impugned F.I.R. general allegation of assault and beating has been attributed to the four accused persons including the present applicant, the applicant has not committed any offence and no specific weapon has been assigned to the present applicant, the present applicant being a lady may be given the benefit of section 480 BNSS, applicant has no previous criminal history of any kind whatsoever, charge-sheet has been filed in this case 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. 8. Bail application is allowed. 9. Let the applicant Fulkala, 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 :- 3.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench