Neutral Citation No. - 2025:AHC-LKO:41883 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6542 of 2025 Applicant :- Shayama Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Vijayendra Prakash Tripathi,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Vijayendra Prakash Tripathi, learned counsel for the applicant and Dr. Surendra Singh, learned Additional Government Advocate for the State. 2.Learned counsel for the applicant has filed the supplementary affidavit, today in the Court, enclosing therewith the photocopy of the post-mortem report of the deceased, the same is taken on record. 3.As per learned counsel for the applicant, the present applicant (Shayama Devi) is languishing in jail since 22.01.2025 in Case Crime No.13 of 2025, under Sections 115 (2), 352, 351 (3), 110 & 105 of Bharatiya Nyaya Sanhita, 2023, Police Station- Kauriya, District-Gonda. 4.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.). 5. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the general allegation of assault and beating has been attributed to all the three accused persons including the present applicant. 6.Further attention has been drawn towards the statement of the eye witness, Jeevan Lal @ Kinni, who has stated that this is a case of free fighting between the accused Neeraj and the complainant Deep Narayan and to pacify the aforesaid sudden free fight the mother of Neeraj (Shyama Devi) i.e. the present applicant intervened. From other side, the complainant's family members tried to intervene but on account of one blow of Lathi the daughter of the complainant received serious injuries and died during the course of treatment. There are two injured persons from the side of the present applicant and four injured persons from the side of the complainant. The cause of death is hemorrhage and shock due to ante-mortem injury. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed and she undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 B.N.S.S. 7. 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. 8.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that general allegation has been levelled against all the accused persons including the present applicant; no specific role has been attributed to the present applicant; the cause of death is hemorrhage and shock due to ante-mortem injury; 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. 9. Accordingly, the instant bail application is allowed. 10. Let the applicant (Shayama Devi) 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 :- 22.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench