Neutral Citation No. - 2025:AHC-LKO:14961 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6153 of 2024 Applicant :- Renu Raidas Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Prem Narayan Tiwari,Ashish Gulati,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A.,Vivek Shukla Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rakesh Kumar Mishra, learned counsel for the applicant and Sri Hari Shankar Maurya, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 7.4.2021 in Case Crime No. 0091 of 2021 u/s 302, 201, 34 IPC, P.S. Dalmau, District Raibarely. 3. In compliance of the order of this Court dated 21.1.2025 the current status of the trial has been provided by the Special Judge, SC/ST Act, Raebareli who is the trial court vide report dated 12.2.2025 which is on record. As per the aforesaid report P.W.-1 Chhittan, P.W.-2 Sundara, P.W.-3 Dr. Anwarul Haq, P.W.-4 Vinod Kumar Mishra, P.W.-5 Pankaj Prajapati, P.W.-6 Shrawan Kumar Mishra have been examined by the trial court, P.W.-7 Sub-Inspector Insaf Ali is to be examined for that the next date has been fixed for 11.2.2025. 4. Learned counsel has stated that the present applicant has been falsely implicated as she has not committed any offence as alleged. The entire prosecution story is on the basis of suspicion inasmuch as the deceased is the daughter of the present applicant and the prosecution story says that the daughter of the present applicant was having relation with someone which was not acceptable to the present applicant so with the help of co-accused Sachin Yadav, she killed her own daughter. There is no eye witness account or last seen evidence. Learned counsel has further submitted that almost all fact and relevant witnesses have been examined and there are total 17 prosecution witnesses, therefore, it appears that the trial would not be concluded shortly. Learned counsel for the applicant has stated that considering the total period of incarceration of the applicant i.e. four years, the fact that all relevant and fact witnesses have been examined and there is no eye witness account or last seen evidence, so the present applicant may be enlarged on bail. Besides, she being lady may be given the benefit of section 437 Cr.P,C. (section 480 BNSS). 5. 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. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that entire prosecution story is on the basis of suspicion, there is no eye witness account or last seen evidence, almost all fact and relevant witnesses have been examined and there are total 17 prosecution witnesses, the trial would not be concluded shortly, she being a lady may be given the benefit of Section 437 Cr.P,C. (Section 480 BNSS) and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Renu Raidas., 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 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.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 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 her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 11.3.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench