Neutral Citation No. - 2025:AHC-LKO:13208 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1946 of 2025 Applicant :- Sudama Nishad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Brijesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Brijesh Kumar Yadav, learned counsel for the applicant and Sri Alok Singh, learned AGA for the State. The present applicant is in jail since 29.11.2024, in case crime no. 123 of 2024, under Sections 115(2), 351(2), 352, 118(1), 105 of BNS at Police Station Haliyapur District Sultanpur. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as she has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, three persons have been made accused including the present applicant. As per the allegation, the present applicant along with other co-accused persons have beaten the victim (since deceased). The role attributed to the present applicant is that she has beaten with kicks and fist, however, other co-accused persons have assaulted the victim (since deceased) with bamboo cane and sickle. The present applicant is an old aged lady of 60 years and she has not committed any offence but has been implicated for the reason that her entire family, i.e., her husband and son have been implicated. The present applicant is have no criminal history of any kind whatsoever. Charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Besides, being a lady she may be given the benefit of Section 437 CrPC/480 BNSS. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 29.11.2024; present applicant is an old aged lady of 60 years and she has not committed any offence but has been implicated for the reason that her entire family, i.e., her husband and son have been implicated; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Sudama Nishad, 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 Investigating Agency/ 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 :- 4.3.2025/Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench