Neutral Citation No. - 2025:AHC-LKO:40417 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4921 of 2025 Applicant :- Kamlesh Kumari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vyas Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vyas Narayan Shukla, learned counsel for the applicant and Sri Vishwas Saraswat, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Kamlesh Kumari) is languishing in jail since 09.03.2024 in Case Crime No.0118 of 2024, under Section 302 I.P.C., Police Station-Mill Area, District-Raebareli. 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 so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against three accused persons including the present applicant. As per the impugned F.I.R., the husband of the present applicant with the help of his son and the present applicant killed his younger brother because of family property dispute. There is no eye witness account of the incident or the last seen evidence. The present applicant has been implicated on the basis of the statement of the parents and the informant (brother-in-law of the deceased). They have stated that the three accused persons having motive to eliminate the deceased have killed the deceased so that they could grab the property of the deceased. The present applicant is in jail for about one year and five months. The husband and the son of the applicant are still in jail. There is no criminal history of the present applicant. The charge-sheet has been filed and he undertakes on behalf of the present applicant that she shall co- operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, the present applicant being a lady she may be given the benefit of Section 480 B.N.S.S. 5. On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail by submitting that since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 6. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is no eye witness account of the incident or the last seen evidence; the present is in jail for about one year and five months; the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; the fact that she being a lady she may be given the benefit of Section 437 Cr.P.C./480 B.N.S.S, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Kamlesh Kumari) 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. [Rajesh Singh Chauhan,J.] Order Date :- 15.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench