Neutral Citation No. - 2025:AHC-LKO:43858 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6944 of 2025 Applicant :- Sangeeta And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajeev Kumar Mishra Rudra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajeev Kumar Mishra @ Rudra, learned counsel for the applicants and Sri Rajnish Kumar Verma, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicants that the applicants are in jail since 16.5.2025 in Case Crime No. 23 of 2025 u/s 191(2), 191(3), 190, 115(2), 352, 351(3), 333, 103 (1) BNS, P.S. Katra Bazar, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. whereby the general allegation of assault and beating has been attributed against the entire family including the present applicants as no specific role and weapon has been attributed to the present applicants. At the best if the prosecution story is taken on its face value they were present on the spot. However, general allegation has been levelled against them also. Charge-sheet has been filed in this case. The present applicants are having no prior criminal history of any kind. Both the applicants being lady may be given the benefit of section 480 BNSS. 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 in the impugned F.I.R. general allegation of assault and beating has been attributed against the entire family including the present applicants as no specific role and weapon has been attributed to the present applicants, at the best if the prosecution story is taken on its face value the appliacants were present on the spot, general allegation has been levelled against the applicants also, charge-sheet has been filed in this case, present applicants are having no prior criminal history of any kind whatsoever, being lady both the applicants may be given the benefit of section 480 BNSS and the undertaking given on behalf of the applicants that they shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicants are entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicants Sangeeta & Srimati, involved in aforesaid case crime be released on bail 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 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. (v) The applicant shall not leave the country (India) without prior permission of the Court. 9. It is made clear that both the aforesaid applicants are being granted bail only for the reason that both the applicants are lady and have been given the benefit of section 480 BNSS. The other co-accused persons may not seek parity with the present applicants. . (Rajesh Singh Chauhan, J.) Order Date :- 29.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench