Neutral Citation No. - 2025:AHC-LKO:7222 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12855 of 2024 Applicant :- Akleema Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra,Saksham Agarwal Hon'ble Rajesh Singh Chauhan,J. Heard Sri Arving Kumar Tiwari, learned counsel for the applicant, Sri Saksham Agarwal, learned counsel for the informant and Sri Arun Verma, learned AGA for the State. The present applicant is in jail since 07.08.2024, in case crime no. 97 of 2024, under Sections 103(1), 61(2)(a) of BNS at Police Station Naveen Modern District Shrawasti. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, the allegations have been levelled against three accused persons, including the present applicant. As per the allegation of the FIR, on account of property dispute, the present applicant and co-accused Kalam, son of the applicant and husband of the applicant have killed the mother- in-law of the informant. There is one eye witness in the incident in question, namely, Golu son of Rahman, who is son of the deceased has recorded his statement(Annexure No. 6), wherein, he has stated that he has seen co-accused Kalam running from the field where his mother was killed. The eye witness has not seen that along with co-accused Kalam, the present applicant was present. However, as per the statement of one Rizwan who has stated that the present applicant was found present with the co-accused person before the incident in question. Therefore, the learned counsel for the applicant has stated that even if the prosecution story is taken on its face value, the main allegation of killing has been levelled to co-accused Kalam, son of the present applicant. The present applicant is having no criminal history. Besides, being a lady she may be given the benefit of 480 BNSS. Charge sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, she shall 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, the applicant may be enlarged on bail. Learned AGA for the State and the learned counsel for the informant have also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. Sri Verma has stated that since, the entire family of the present applicant is having motive, therefore, the present applicant is also equally responsible for the offence in question. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 07.08.2024; and undertaking of the applicant that he shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. The bail application is allowed. Let the applicant- Akleema, 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 Investigating Agency/ 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. Order Date :- 4.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench