Neutral Citation No. - 2025:AHC-LKO:42603 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6690 of 2025 Applicant :- Sangeeta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard Sri Atul Verma, learned counsel for the applicant and Ms. Rafiya Farooqui, learned Additional Government Advocate for the State. 2.As per learned counsel for the applicant, the present applicant (Sangeeta) is languishing in jail since 16.12.2024 in Case Crime No.237 of 2024, under Sections 103 (1)/238 of Bharatiya Nyaya Sanhita, 2023, Police Station-Nigoha, District-Lucknow. 3.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.). 4.Attention has been drawn towards the impugned F.I.R. wherein the date of incident has been indicated as 12.12.2024 whereas the impugned F.I.R. has been lodged on 14.12.2024. The F.I.R. has been lodged against unknown persons as at the time of lodging of the impugned F.I.R. the complainant was not aware the names of the accused persons. However, during course of investigation, the complicity of the present applicant and the son of the deceased has been found. 5.Learned counsel for the applicant has submitted that as per the prosecution story, the present applicant, who is a widow lady, was having cordial relation with the son of the deceased and the main allegation has been levelled against the son of the deceased to kill his father and the present applicant was allegedly present with him. As per the CDR location, the present applicant was not present with the son of the deceased and she has been implicated on the basis of suspicion. Her extra-judicial confession has been recorded by the police, which has no evidentiary value. The charge-sheet has been filed and he undertakes on behalf of the present applicant that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted 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. Sri Verma has explained the criminal history of one case registered against the present applicant in para-53 of the bail application, in which, the present applicant has been granted bail by the learned court below (Annexure No.11). 6.On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant 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. 7.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is unexplained delay in lodging the impugned F.I.R. inasmuch as the date of incident has been indicated as 12.12.2024 whereas the impugned F.I.R. has been lodged on 14.12.2024; the main allegation has been levelled against the son of the deceased to kill his father and the present applicant was allegedly present with him; the charge-sheet has been filed; the present applicant is having one criminal history, which has been explained in para-53 of the bail application, wherein the present applicant has been granted bail by the learned court below; 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 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. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Sangeeta) 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 :- 24.7.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench