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2025 DAILYLAW 148184 (ALL)

SUNEETA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/5791/2025 · 2025-07-02

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37180 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5791 of 2025 Applicant :- Suneeta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri R.P. Singh, learned counsel for the applicants, Shri Arun Verma, learned Additional Government Advocate for the State and Shri Ayush Pratap Singh, Advocate who has filed vakalatnama on behalf of the informant, same is taken on record. 2. As per learned counsel for the applicants, the present applicants are languishing in jail since 16.03.2025 in F.I.R./Case Crime No. 93 of 2025, under Sections 191(2), 191(3), 190, 103(1), 109(1), 351(3) of Bharatiya Nyaya Sanhita, 2023, Police Station- Harpalpur, District- Hardoi. 3. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story. 4. Attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against eight accused persons including the present applicants. Since the husbands of the present applicants have been implicated, therefore, they have also been implicated, though they have not committed any offence. 5. Learned counsel for the applicant has submitted that this is a case of double murder. The first person namely, Umashankar died on account of head injury and as per the confessional statement of the accused Pramod @ Pappu, he had assaulted upon the deceased through brick. On account of such single injury, the victim died. Another victim namely, Saroj is said to have been thrown from rooftop by all accused persons, but no specific role has been attributed to the present applicants, rather general allegation has been levelled against all the accused persons in respect of the victim Saroj who also died on account of head injury. Charge-sheet has been filed. The present applicants being ladies may be given the benefit of Section 480 B.N.S.S. 6. Learned counsel for the applicants has undertaken on behalf of the present applicants that the applicants shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings. 7. Learned Additional Government Advocate and learned counsel for the informant have vehemently opposed the prayer for bail of the present applicant but could not dispute the aforesaid submissions of the learned counsel for the applicants. 8. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role has been attributed to the present applicants; the present applicants being ladies are languishing in jail since 16.03.2025 having no criminal history; charge-sheet has been filed; the undertaking that the applicants 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 and without expressing any opinion on merits of the case, I am of the view that the present applicants may be enlarged on bail. 9. Accordingly, the instant bail application is allowed. 10. Let the applicants- Suneeta and Aneeta be released on bail in the aforesaid case crime number on their 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 applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 351 of B.N.S.S., 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. The present applicants shall not leave the country without prior permission of the Court. 11. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. Order Date :- 2.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench