Neutral Citation No. - 2025:AHC-LKO:21325 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3176 of 2025 Applicant :- Meenu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Saurabh Mishra,Ankur Kumar Panday Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. This first bail application has been filed with regard to Case Crime No. 188 of 2022 under Section 419, 420, 467, 468 & 471 IPC, Police Station Bhiti, District Ambedkar Nagar. As per contents of FIR, the applicant is said to be vendee of the plot which was allegedly sold by main accused Balram by impersonating the informant. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against her and that she only the vendee of the plot and there is no allegation against her that she has fabricated any document or impersonated the alleged owner of the plot. It is submitted that main gist of allegation regarding impersonation and fabrication is against co-accused Balram who has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.1032 of 2025. It is submitted that applicant is under incarceration since 22nd May, 2024 without any previous criminal history. Learned A.G.A. has opposed bail application with submission that applicant in fact is the wife of the main accused Balram and was therefore aware of the fraudulent nature of the entire transaction. It is however admitted that main accused Balram has already been enlarged on bail and applicant does not have any previous criminal history. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the applicant is the only vendee of the sale transaction which main accused Balram having already been enlarged on bail as indicated herein above. The applicant is under incarceration since 22nd May, 2024 without any previous criminal history. Hon'ble the Supreme Court in Sanjay Chandra v. Central Bureau of Investigation, reported in (2012) 1 SCC 40 has specifically held that bail is to be a norm and an under-trial is not required to be in jail for ever pending trial. Relevant paragraphs of the judgment are as under :- "21. In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty." "27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution." Looking to the nature of allegations levelled against the applicant and submission made in the bail application, without expressing any opinion on the merits of case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, particularly since no reasonable apprehension of tampering with the witnesses has been alleged, prima facie, this Court finds, the applicant is entitled to be released on bail in this case. Accordingly bail application is allowed. Let applicant Meenu involved in the aforesaid case crime be released on bail on his 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 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 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 his presence proclamation under Section 82 Cr.P.C. 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 him, 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 him in accordance with law. Order Date :- 16.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench