Neutral Citation No. - 2025:AHC-LKO:38059 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5750 of 2025 Applicant :- Naina @ Nazma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Lalu Prasad Bhatt Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Lalu Prasad Bhatt, learned counsel for the applicant and Sri Mukesh Singh, 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 13.4.2025 in Case Crime No. 221 of 2025, u/s 108 B.N.S., P.S. Motipur, District Bahraich. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. As per the allegation of the F.I.R. one Rohit Gupta has committed suicide allegedly for the reason that he was having relation with the present applicant and she deserted him, therefore, he committed suicide. Applicant is not named in the F.I.R. Learned counsel for the applicant has stated that even if the prosecution story, so narrated in the F.I.R., is taken on its face value, the relevant ingredients of section 108 B.N.S. are missing as no positive or overt act of the present applicant is there to abet the victim to commit suicide. Besides, the present applicant is a married lady having her daughter aged about 6 months, who is with the present applicant in the jail. Charge-sheet has been filed in this case. 4. 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. 5. 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. 6. 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 applicant is not named in the F.I.R., the relevant ingredients of section 108 B.N.S. are missing as no positive or overt act of the present applicant is there to abet the victim to commit suicide, the present applicant is a married lady having her daughter aged about 6 months, who is with the present applicant in the jail, charge-sheet has been filed in this case 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. 7. Bail application is allowed. 8. Let the applicant Naina @ Nazma, 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 he / 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 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 / her in accordance with law, under Section 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 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 him / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 4.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench