Neutral Citation No. - 2025:AHC-LKO:7517 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12707 of 2024 Applicant :- Rizwana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Anil Kumar Sharma Counsel for Opposite Party :- G.A.,Upendra Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Anil Kumar Sharma, learned counsel for the applicant, Ms. Rafiya Farooqui, learned Additional Government Advocate for the State and Sri Vishal Tripathi, learned Advocate holding brief of Sri Upendra Kumar Singh, learned counsel for the complainant/ informant. 2. As per learned counsel for the applicant, the present applicant (Rizwana) is languishing in jail since 17.11.2024 in Complaint Case No.108 of 2021, under Sections 304, 342 & 418 I.P.C., Police Station-Colonelganj, District-Gonda. 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 in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards the impugned F.I.R. which was lodged on 06.11.2018 for the alleged incident dated 02.11.2018 without explaining the delay. The present applicant was a poor employee Nursemaid (Aya) in one Baba Hospital at Colonelganj, District-Gonda. The role of the present applicant is very limited in the incident in question being Aya, however, if the allegation is taken on its face value, all the accused persons are responsible. The present applicant was granted interim anticipatory bail by this Court vide order dated 18.07.2024 passed in Criminal Misc. Anticipatory Bail Application No.1535 of 2024, but that bail application was dismissed on 12.09.2024. The other co-accused persons have also been granted anticipatory bail but their anticipatory bail was also dismissed by this Court, however, those co-accused persons have approached the Hon'ble Supreme Court and the Hon'ble Supreme Court has granted anticipatory bail to the co-accused persons. The order of one co-accused, Mohd. Jishan Ahmad, has been annexed as Annexure No.6 to the bail application. 5. Learned counsel for the applicant has stated that the present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed. He undertakes on behalf of the present applicant 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 437 Cr.P.C./480 B.N.S.S. 6. On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant by submitting that since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that there is delay in lodging the impugned F.I.R.; the present applicant was granted interim anticipatory bail by this Court vide order dated 18.07.2024 (supra); the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that the present applicant shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order, the fact that she being a lady may be given the benefit of Section 437 Cr.P.C./480 B.N.S.S., without expressing any opinion on merits of the case, I am of the view that the present applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Rizwana) 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 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 5.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench