RAMKUMARI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4450/2025 · 2025-07-10
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141163 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141163 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39390 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4450 of 2025 Applicant :- Ramkumari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh,Imran Ullah Khan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Counter affidavit filed on behalf of the State is taken on record. 2. Heard Sri Rajat Pratap Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 3. As per learned counsel for the applicant, the present applicant (Ramkumari) is languishing in jail since 28.03.2025 in Case Crime No.213 of 2025, under Sections 3(5), 61(2), 103(1) of B.N.S., 2023, Police Station- Kotwali City, District- Hardoi. He has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned FIR wherein the date of incident has been indicated on 22.03.2025 but the FIR has been lodged on 24.032025 without explaining the delay. As per FIR, the allegation has been levelled against four accused persons including the present applicant. The present applicant is the mother of the other co-accused persons. On account of prosecution story, the present applicant has been instigated her sons who are co-accused, namely Anuj Pal, Sandeep and Kuldeep to kill one Satyawati @ Leelawati who was the first wife of her husband. As per further prosecution story, the present applicant has not assaulted the victim (since deceased). 5. Learned counsel for the applicant has further submitted that the present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed against the present applicant. The present applicant being a lady may be given the benefit of Section 480 B.N.S.S. If, she is released on bail she shall not misused the liberty of bail and shall abide by all terms and conditions of the bail order. 6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that the present applicant was involved in the alleged commission of crime. 7.
Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a lady and having no prior criminal history of any kind whatsoever; and 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, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant (Ramkumari) be released on bail in the aforesaid case crime number 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:- (i) The applicant shall appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls him to appear and if the charge-sheet is filed against him he shall cooperate in the trial proceedings properly and shall file an undertaking to the effect that they 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 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 his 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 him, 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 him in accordance with law. The present applicants shall not leave the country without prior permission of the Court. Order Date :- 10.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench