Neutral Citation No. - 2025:AHC-LKO:43506 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4730 of 2025 Applicant :- Geeta Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Pawan Kumar Sharma, learned counsel for the applicant and Shri Ran Vijay Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 11.02.2025 in FIR/Case Crime No.312 of 2024, under Sections 302/ 34 of IPC, Police Station– Rupaidiha, District– Bahraich. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein the general allegation of assault and beating has been attributed to four accused persons. The present applicant being the wife of accused no.1 i.e. Anup Kumar Dube, on his pointing out the bamboo cane was recovered, which was used to kill the deceased. She has only been implicated for the reason that being the wife of Anup Kumar Dube. Though the allegation of assault had been attributed to her but such allegation is sort of general allegation. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C/ Section 480 BNSS. Learned counsel for the applicant has given an undertaking on behalf of the present applicant that the present 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. 4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the general allegation of assault and beating has been attributed to four accused persons including the present applicant; Anup Kumar Dube, on his pointing out the bamboo cane was recovered, which was used to kill the deceased and she has only been implicated for the reason that being the wife of Anup Kumar Dube; the present applicant is having no prior criminal history of any kind whatsoever; chargesheet has been filed; the applicant being lady may be given the benefit of Section 437 Cr.P.C./ Section 480 BNSS and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate that the present applicant may be released on bail. 6. Therefore, the instant bail application is allowed. 7. Let the applicant - Geeta Devi, 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 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. 8. It is made clear that since this bail application has been granted to a lady providing the benefit of Section 437 Cr.P.C./ Section 480 BNSS, therefore, the other co-accused persons may not seek parity with her. Order Date :- 28.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench