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2025 DAILYLAW 169023 (ALL)

GUDDI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.

BAIL/12257/2024 · 2025-01-06

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Neutral Citation No. - 2025:AHC-LKO:637 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12257 of 2024 Applicant :- Guddi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Apoorv Srivastava,Aakash Srivastava,Vivek Pathak Counsel for Opposite Party :- G.A.,Ajeet Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Shri Virendra Kumar, learned AGA for the State-respondents. 2. Learned counsel for the applicant submits that the present applicant has been falsely implicated and is in jail since 13.10.2024 in Case Crime No.309 of 2024, under Sections 191(2), 191(3), 103(1), 115 (2), 352, 351(2) BNS, police station Kasimpur, District Hardoi. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Learned counsel for the applicant has drawn attention of this Court to impugned FIR, wherein for alleged incident dated 01.09.2024 the FIR has been lodged on 08.09.2024 without explaining the delay. In the FIR the allegations have been levelled against seven accused persons including the present applicant. He has further stated that general allegations of abusing, assault and beating have been levelled against all accused persons. He has also stated that specific allegation of abusing has been levelled against the present applicant but no allegation of assault etc. has been levelled against her. The present applicant has not committed any offence of any kind whatsoever. 4. Learned counsel has further stated that applicant has no criminal history and charge sheet has been filed against her. Therefore, if the present applicant is enlarged on bail, she 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 BNSS. 5. Learned AGA has, however, opposed the prayer for bail but could not dispute the submissions made by learned counsel for the applicant. 6. Having heard the learned counsel for the parties, having perused the material on record and without entering into merits of the issue,I find it appropriate to release the applicant on bail for the reason that no specific allegation has been levelled against her and she has no criminal history, therefore, she may be granted the benefit of Section 480 BNSS, also considering the undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, . 7. Accordingly, the bail application is allowed. 8. Let applicant- Guddi be released on bail in the aforesaid case crime number on his 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 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. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 6.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench