Court No. - 17 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4561 of 2025 Applicant :- Shiv Kanti Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Priyam Mishra,Dhananjay Yadav,Sadanand Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. This is third bail application moved on behalf of the applicant involved in Case Crime No.423 of 2021, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station - Unchahar, District - Raebareli, with the prayer to enlarge her on bail. 3. Learned counsel for the applicant submits that the applicant is an innocent person, has been falsely implicated in the case and is in jail since 25.5.2022. He further submits that first bail application of the applicant was rejected vide order dated 17.4.2023 passed in Criminal Misc. Bail Application No.9805 of 2022 with a direction to the trial court to conclude the trial expeditiously without giving unnecessary adjournment to either of the parties, thereafter, second bail application, i.e. Criminal Misc. Bail Application No.1525 of 2024 was rejected vide order dated 6.9.2024 with a direction to the trial court to conclude the trial expeditiously without giving any unnecessary adjournments to either of the parties. He also submits that till today, only four witnesses have been examined out of total seven witnesses, she does not have any criminal antecedent and there is no possibility of conclusion of trial in near future. Learned counsel for the applicant further submits that co-accused Raj Kumar Tiwari has already been enlarged on bail by this Court vide order dated 30.4.2025 passed in Criminal Misc. Bail Application No.9038 of 2023. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail. 4. Learned A.G.A. opposes the prayer for grant of bail and submits that sufficient evidences are found against the applicant and thereafter, charge sheet was filed, but he does not dispute the fact that applicant is a lady, she is in jail since 25.5.2022 and her bail applications rejected twice by this Court. He also does not dispute the fact that till today, trial has not been concluded. 5. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., previous bail rejection orders, other relevant documents, nature of offence as well as facts and circumstances of the case, this Court is of the view that applicant is in jail since 25.5.2022, till today trial has not been concluded and offences are triable by Magistrate, therefore, applicant is entitled to be released on bail. 6. Let applicant - Shiv Kanti Tiwari - be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC/269 BNSS. (v) 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 BNSS, may be issued and if 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/209 BNSS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench