LAXMI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/6894/2025 · 2025-08-01
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153718 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153718 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:44879 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6894 of 2025 Applicant :- Laxmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Janendra Kumar Verma,Uday Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.
1. Heard learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State.
2. As per learned counsel for the applicant, the present applicant is in jail since 25.05.2025 in FIR/Case Crime No.216 of 2025, under Sections 105, 115(2), 352, 351(2) of B.N.S., Police Station – Mailani, District – Lakhimpur 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 general allegation of abusing the deceased has been levelled against the present applicant including three other named persons. No specific allegation of beating or assault has been attributed to the present applicant. Further, the applicant is having two children and there is no one in the family to look after them in the home. There is no previous criminal history of any kind whatsoever against the present applicant. Charge sheet has been filed.
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. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 480 of BNSS.
4. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicant.
5. Without entering into merits of the issue; considering the
arguments of learned counsel for the parties; contents and allegations of the FIR; perusing the material available on record; the fact that general allegation of abusing the deceased has been levelled against the present applicant; no specific
allegation of beating or assault has been attributed to the present applicant; there is no previous criminal history of any kind whatsoever against the applicant; the applicant being lady may be given the benefit of Section 480 of 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. 6. Accordingly, the bail application is allowed. 7. Let applicant- Laxmi 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 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 84 of the 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 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 the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.]
Order Date :- 1.8.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench