Neutral Citation No. - 2025:AHC-LKO:13454 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12825 of 2024 Applicant :- Smt. Kiran Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Shiv Pal Singh,Ambrish Kumar,Kailash Nath Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Kailash Nath Mishra, learned counsel for the applicant and Sri Pranesh Kumar Sinha, learned AGA for the State. The present applicant is in jail since 12.06.2024, in case crime no. 0174 of 2024, under Sections 302, 506 of IPC at Police Station Dhanepur District Gonda. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as she has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, wherein, the allegation has been levelled against the entire family of the present applicant inasmuch as the accused no. 1 is the husband of the present applicant, whereas, the accused no. 3 is the daughter of the present applicant. Though, after investigation, the name of her daughter, Khushi has been deleted as charge-sheet has been filed only against the present applicant and her husband. As per prosecution story, the accused no. 2, Rajesh Shukla has killed his own daughter with the help of the present applicant who is stepmother of her and role attributed to the present applicant is of catching hold. As per further prosecution story, the accused applicant no. 1, Rajesh Shukla cut the throat of his own daughter. After the arrest of Rajesh Shukla, he recorded his confessional statement wherein he has stated that he had cut the throat of his daughter and his second wife, the present applicant had assisted him. The victim since deceased was the daughter of the first wife who died earlier. Learned counsel has stated that though there is no eyewitness account in the present case, but there are some witnesses who have stated that they have seen the present applicant and her husband Rajesh Shukla outside his house on that fateful night. Some blood stains were visible on the cloth of the accused Rajesh Shukla. Learned counsel has further submitted that the present applicant has not committed any offence but on account of confessional statement which is extra judicial confession, she has been implicated. She was having no ill motive against her stepdaughter as there is no prior complaint to that effect. The present applicant is have no criminal history of any kind whatsoever. Charge-sheet has been filed. The learned counsel has further submitted that if the applicant is released on bail, 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, the applicant may be enlarged on bail. Besides, being a lady she may be given the benefit of Section 437 CrPC/480 BNSS. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant. 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 12.06.2024; the role attributed to the present applicant is of catching hold of her stepdaughter; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that she 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- Smt. Kiran Shukla, 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 :- 5.3.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench