Neutral Citation No. - 2025:AHC-LKO:40747 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6478 of 2025 Applicant :- Soneshree Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Dinesh Kumar,Ajeet Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Dinesh Kumar, 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 13.10.2023 in Case Crime No. 445 of 2022, under Sections 302/34 of IPC, Police Station Kotwali Maigalganj, District Kheri. 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 the present applicant and her husband - Khushi Ram. During the course of investigation, nothing incriminating has been received against her, therefore, final report was filed in favour of the present applicant. Learned trial court did not accept the final report and took cognizance against the present applicant. Further attention has been drawn towards the statement of the son of the deceased, who is an eye witness also, which has been enclosed as Annexure No.7, wherein he has not levelled any allegation against the present applicant but the specific allegation has been levelled against the husband of the present applicant - Khushi Ram. Nothing incriminating has been recovered from her possession. 4. There is no previous criminal history of any kind whatsoever against the present applicant. Chargesheet has been filed only against the co-accused - Khushi Ram as the final report has been filed in favour of the present applicant as stated above. Besides, being lady, the present applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C (now Section 480 BNSS). Learned counsel has further stated that the applicant undertakes that she 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. 5. On the other hand, learned A.G.A. 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. 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 in the impugned FIR, the general allegation of assault and beating has been attributed to the present applicant and her husband; nothing incriminating has been recovered from the possession of the applicant; in the statement of the son of the deceased, he has not levelled any allegation against the present applicant; the present applicant is having no previous criminal history of any kind whatsoever; chargesheet has been filed only against the co-accused - Khushi Ram and the final report has been filed in favour of the present applicant; the applicant being lady may be given the benefit of Section 437 Cr.P.C. (now 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 to release the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Soneshree 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 (now Section 269 of BNS, 2023). (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 CrPC (now Section 84 of BNSS, 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 (now Section 208 of BNS, 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 CrPC (now Section 351 of BNSS, 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. Order Date :- 17.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench