Neutral Citation No. - 2025:AHC-LKO:48271 Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11315 of 2024 Applicant :- Geeta Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vishun Narain Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present third bail application has been filed on behalf of the applicant, Geeta Devi involved in Case Crime No.152 of 2019, under Sections 302, 201, 34 and 120B I.P.C., Police Station Hasanganj, District Unnao, with the prayer to enlarge her on bail. 3. Learned counsel for the applicant has submitted that the applicant, who is an innocent lady, has been falsely implicated in the present case. He has further submitted that on an earlier date, a report was sought from the learned trial Court regarding the status of the trial, and it was informed that 26.08.2025 is fixed for cross-examination of PW-3. 4. He has further submitted that the applicant does not have any criminal antecedents and has been in jail since 24.05.2019. In these circumstances, the applicant is entitled to be enlarged on bail. It is further submitted that in case she is enlarged on bail, she will not misuse the liberty so granted. 5. Learned A.G.A. has vehemently opposed the prayer made by learned counsel for the applicant and submitted that several witnesses have already been examined. Since the cross-examination of PW-3 was not conducted, her cross-examination was closed. However, the trial Court has allowed the application of the accused, and 26.08.2025 has now been fixed for her cross-examination. As the daughter of the applicant has categorically supported the prosecution version in her deposition, the applicant is not entitled to be enlarged on bail. 6. Considering the rival submissions of learned counsel for the applicant and learned A.G.A., the material available on record, the report of the learned trial Judge dated 14.08.2025, which clearly reveals that under Section 311 Cr.P.C. PW-3 has been summoned for her cross-examination on 26.08.2025 and the fact that the applicant has been in jail since 24.05.2019 and the trial has not concluded till date as well as the overall facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 7. 7. Accordingly, the present third bail application is allowed. 8. Let the applicant - Geeta Devi be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 BNS. (v) 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 BNS, may be issued and if 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/209 BNS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNS. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. (Rajeev Singh, J) Order Date :- 18.8.2025 A.Dewal Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench