Neutral Citation No. - 2025:AHC-LKO:38837 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3459 of 2025 Applicant :- Naziya Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko Counsel for Applicant :- Ranjeet Pratap Singh Counsel for Opposite Party :- G.A.,Ashok Kumar Maurya,Priyanshi Maurya,Rekha Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ranjeet Pratap Singh, learned cousnel for the applicant and Shri Arun Verma, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant (Naziya) is languishing in jail since 24.10.2024 in F.I.R./Case Crime No. 338/2024, under sections 103(1), 3() BNS, Police Station Kotwali Dehat, District Pratapgarh. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. Attention of this Court has been drawn towards the impugned FIR, wherein the allegation has been levelled against three accused persons, namely, Rizwan, Sameer and Ashraf and against some unknown persons. In the impugned FIR no allegation of any kind whatsoever has been levelled against the present applicant, so she is not named in the impugned FIR. During the course of investigation one fact emerged that the deceased was having relation with the present applicant and two more persons, namely, Arbaz and Altaf were also having relation with the present applicant and when both the accused persons came to know that the present applicant is with the deceased, they went there and killed the deceased through electric shock. 4. Learned cousnel for the applicant has stated that even such prosecution story is considered on this face value, no role of present applicant is prima facie found. If the present applicant was in relation with the deceased she could not have been instrumental to kill her lover. She is having no criminal history of any kind whatsoever. 5. Attention of this Court has been drawn towards the bail order dated 10.06.2025 passed by this Court in Crl. Misc. Bail Application No. 5247 of 2025, Arbaz Vs. State of U.P., whereby the co-accused- Arbaz has been granted bail therefore on the basis of principle of parity, she may be released on bail. 6. It has been further submitted by learned cousnel for the applicant that the charge sheet in this case has been filed, therefore there is no possibility of tampering the evidence or influencing the witnesses. The present applicant being a lady may be given the benefit of Section 480 of B.N.S.S. The applicant undertakes that she shall abide by all the terms and conditions of the bail order and shall not misuse the liberty of bail. 7. Learned Additional Government Advocate has vehemently opposed the prayer for bail of the present applicant but could not dispute the aforesaid contentions of learned counsel for the applicant. 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that charge-sheet in this case has been filed; the undertaking that the applicant 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 and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Naziya) 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 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. 11. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 309 Cr.P.C./346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. . (Rajesh Singh Chauhan, J.) Order Date :- 8.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench