Neutral Citation No. - 2025:AHC-LKO:6990 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10268 of 2024 Applicant :- Vimla Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Shailendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shailendra Kumar, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 11.01.2022 in Case Crime No. 02 of 2022, under Sections 302, 120(B) IPC, Police Station- Risiya, District- Bahraich. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has drawn attention of this Court towards the impugned FIR wherein the allegation has been levelled against the applicant and co-accused Amarjeet. As per the prosecution story, the present applicant despite being a married lady was having illicit relationship with the co-accused Amarjeet and her husband was objecting on her such conduct, therefore, with the connivance of the applicant, the co-accused Amarjeet killed the husband of the applicant. It is also alleged that she was present at the place of incident. It has been submitted that the aforesaid allegation is absolutely false and she was not having any illicit relationship with the co-accused Amarjeet. Even if the statement of witnesses are taken on its face value, it the co-accused Amarjeet who has killed her husband. Charge sheet has been filed. The present applicant is having no previous criminal history. 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 A.G.A. has, however, opposed the prayer for bail by submitting that since the present applicant has herself recorded her statement confessing her guilt, upon which the learned counsel for the applicant has contended that the said confession is an extra judicial confession which has no evidentiary value. 6. Therefore, 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. and other material available on record, the fact that applicant being a lady may be given the benefit of Section 480 BNSS; she has been implicated in the present case on the basis of extra judicial confession; charge sheet has been filed; the present applicant is having no previous criminal history and the undertaking of the present applicant that she shall co-operate in the trial proceedings properly and the fact that , I am of the view that the present applicant may be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the present applicant- Vimla 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 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. (v) The applicant shall not leave the country without prior permission of the Court. 9. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused person(s). (Rajesh Singh Chauhan,J.) Order Date :- 31.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench