Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7585 of 2024 Applicant :- Kamlawti Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Lko. Counsel for Applicant :- Anand Dubey,Anil Kumar Singh,Ashish Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Anand Dubey, learned counsel for the applicant, Sri Anant Pratap Singh, learned AGA for the State. The present applicant is in jail since 02.01.2022, in case crime no. 836 of 2022, under Sections 409, 420, 506 and 120 B of IPC at Police Station Gomti Nagar District Lucknow. The learned counsel has stated that mainly the offence, if any, has been committed by her husband as he formed a trust, wherein, she was one of the trustee. The transactions/acts have been done/committed by her husband who is in jail. As a matter of fact, the present applicant was not fully aware of the transaction of the trust but being a wife, she trusted her husband and in a bonafide manner acted pursuant to the instructions of her husband. There are 12 similar FIRs, wherein, the applicant has been granted bail in 11 cases and those orders have been enclosed with the bail application and the rejoinder affidavit. Besides, the aforesaid cases, there is one more FIR in Gangster Act, wherein, no bail application has been filed. The learned counsel has further submitted that if the applicant is released on bail, she shall shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. Learned AGA for the State has opposed the aforesaid bail application but could not dispute the submission of the learned counsel for the applicant. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 02.01.2022; there are 12 similar FIRs, wherein, the applicant has been granted bail in 11 cases; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Kamlawti Verma, 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 of the Indian Penal Code. (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. 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 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. Order Date :- 16.1.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench