Neutral Citation No. - 2025:AHC-LKO:11205 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13017 of 2024 Applicant :- Parana Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Lko. Counsel for Applicant :- Arun Singh Somvanshi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Arun Singh Somvanshi, learned counsel for the applicant and Sri Ran Vijay Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 2.10.2024 in Case Crime No. 418 of 2024 u/s 105, 352, 3(5) B.N.S., P.S. Eshanagar, District Lakhimpur Kheri. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein the allegation of beating and assault has been attributed to four accused persons including the present applicant. The present applicant has only been implicated for the reason that her husband Paikarma has been implicated, therefore, so as to implicate both the husband and wife, she has been implicated. The victim (since deceased) received three ante-mortem injuries. The cause of death is ante-mortem head injury. Nothing incriminating has been recovered from the possession of the present applicant. The present applicant has no criminal history of any kind whatsoever. The applicant being a lady may be given the benefit of section 437 Cr.P.C. (480 BNSS). The charge-sheet has been filed in this case. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that in the F.I.R. the allegation of beating and assault has been attributed to four accused persons including the present applicant, present applicant has only been implicated for the reason that her husband Paikarma has been implicated, therefore, so as to implicate both the husband and wife, she has been implicated, the cause of death is ante-mortem head injury, nothing incriminating has been recovered from the possession of the present applicant, present applicant has no criminal history of any kind whatsoever, the applicant being a lady may be given the benefit of section 437 Cr.P.C. (480 BNSS), charge- sheet has been filed in this case and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicant Parana, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 him / her in accordance with law. 9. Before parting with it is expected that the trial shall be concluded with expedition. Further, the learned trial court may take all coercive measures as per law if either of the parties do not co-operate in the trial properly. The learned trial court shall fix short dates to ensure that trial is concluded at the earliest. . (Rajesh Singh Chauhan, J.) Order Date :- 20.2.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench