Neutral Citation No. - 2025:AHC-LKO:11961 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9553 of 2024 Applicant :- Savita Devi Opposite Party :- State Of U.P. The Prin. Secy. Home Lko Counsel for Applicant :- Sikandar Yadav Counsel for Opposite Party :- G.A.,Hari Krishna Verma,Saurabh Kumar Srivastava,Sudhanshu Verma Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant, Shri Arun Verma, learned Additional Government Advocate for the State-respondents and learned counsel for the complainant. 2. As per learned counsel for the applicant, the present applicant (Savita Devi) is languishing in jail since 02.04.2024 in Case Crime No.111 of 2024, under Sections 302 and 201 I.P.C., Police Station - Kurshi, District - Barabanki. 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. Attention has been drawn towards the impugned FIR which was lodged on 03.04.2024 for the alleged incident dated 31.03.2024 without explaining the delay. In the impugned FIR general allegation of assault and beating has been assigned to the present applicant and her husband- Ramagya Singh. 4. Learned counsel for the applicant has further submitted that there is no eye-witness or last scene evidence. The only material available with the prosecution is that the present applicant called the victim (since deceased) through telephone, however, the main role of assault had been attributed to her husband. The weapon used to kill the victim (since deceased) is 'batta', which had been recovered on the pointing out of her husband - Ramagya Singh, who is still in jail. It has further been submitted that the applicant is having four children and since she and her husband are in jail, her children are in abandoned condition as nobody is to look after them properly. The present applicant is having no previous criminal history. 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 and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 BNSS. 5. Per contra, learned Additional Government Advocate as well as learned counsel for the complainant has opposed the aforesaid prayer of learned counsel for the applicant but he could not disputed 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, the contents and allegations of the F.I.R., other material available on record, no specific role has been attributed to the present applicant, the charge-sheet has been filed and she undertakes that she shall co- operate in the trial proceedings properly, the fact that applicant is having four children and since she and her husband are in jail, her children are in abandoned condition, she being a lady she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail. 7. Let the present applicant (Savita Devi) be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with 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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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. 8. 8. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and no specific role has been attributed to the present applicant and she being a lady is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. 9. In view of the aforesaid terms, the bail application is allowed. [Rajesh Singh Chauhan, J.] Order Date :- 27.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench