Neutral Citation No. - 2025:AHC-LKO:13394 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1995 of 2025 Applicant :- Sonam Rawat Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Ms. Smriti, learned counsel for the applicant and Sri Shani Pratap Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 06.01.2025 in Case Crime No.0350 of 2024, under Sections 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Gudamba, District- Lucknow. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 3. Attention has been drawn towards impugned FIR which was lodged on 05.09.2024 for the alleged incident dated 10.08.2024 without explaining the aforesaid inordinate delay. In the FIR, the allegation has been levelled against six persons including the present applicant. As per allegation, the present applicant was instrumental to kill one Durgesh with the help of accused No.1,Manish. The prosecution story further says that the present applicant was in affair with Durgesh, thereafter she came into relation with co-accused Manish and both planned to eliminate Durgesh, therefore, such offence has been committed. There is no eye witness or last seen evidence in the present case. The applicant applicant has only been implicated on the basis of C.D.R details of her mobile phone, which was fond near the place where the dead body / skeleton of the deceased recovered. Since, the resident of the present applicant is near the place, therefore on the basis of C.D.R. details she may not be implicated. As a matter of fact, the present applicant has been implicated only on the basis of suspicion. The present applicant is having no prior criminal history of any kind whatsoever. She being a lady may be given the benefit of Section 480 BNSS. Charge-sheet has been filed. 4. 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. 5. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicants by submitting that the allegation against the present applicant is serious in nature, therefore, he is not entitled for grant of bail, 6. Considering the facts and circumstances of the case, perusing the material available on record, arguments advanced by the learned counsel for the parties and considering the fact that there is no eye witness or last seen evidence in the present case; the applicant has only been implicated on the basis of C.D.R details of her mobile phone, which was fond near the place where the dead body / skeleton of the deceased recovered; applicant is a girl/lady and having no prior criminal history of any kind whatsoever; 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, I am of the view that the present applicant may be enlarged on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Sonam Rawat), 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 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 of the Indian Penal Code. (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.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 her, in accordance with law, under Section 174-A of the Indian Penal Code. (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. 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. (v) The applicant shall not leave the country without permission of the Court concerned. Order Date :- 5.3.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench