Neutral Citation No. - 2025:AHC-LKO:6989 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13188 of 2024 Applicant :- Archana Sharma Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ayodhya Prasad Mishra A.P. Mishra,Jaylaxmi Upadhyay,Rituraj Mishra,Shesh Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ayodhya Prasad Mishra, learned counsel for the applicant and Sri Shani Pratap Singh, learned A.G.A. for the State. Learned counsel for the applicant has filed rejoinder affidavit which is taken on record. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 09.08.2024 in Case Crime No. 0338 of 2024, under Sections 103(1), 309(6), 317(2) of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as "BNS"), Police Station- Sarojini Nagar, District- Lucknow. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has submitted that the present applicant is an unmarried girl/ lady who has not been named in the impugned FIR, nor any allegation has been levelled against her. She has been implicated in the present case on the basis of extra judicial confession of the co-accused namely Suraj Yadav, though there is no evidentiary value of such extra judicial confession. There is no eye witness account or last seen evidence. The investigating officer has, however, indicated in the prosecution story that once the applicant was seen with the co-accused person but it has not been indicated that she was present with the co-accused person at the place of incident. He has also stated that on her pointing out, one ear ring has been allegedly recovered, however, such recovery memo is false and has not been prepared as per law. Charge sheet has been filed in the matter. The present applicant is having no previous criminal history. She undertakes 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 480 BNSS. 5. Per contra, learned A.G.A. has, however, opposed the prayer for bail 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. 6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. and other material available on record, the fact that applicant is an unmarried girl/ lady who has not been named in the impugned FIR, nor any allegation has been levelled against her; she has been implicated in the present case on the basis of extra judicial confession of the co-accused; there is no eye witness account or last seen evidence; charge sheet has been filed; the present applicant is having no previous criminal history and the undertaking of the present applicant that she shall co-operate in the trial proceedings properly and the fact that she being a lady may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the present applicant- Archana Sharma be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with 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. (v) The applicant shall not leave the country without prior permission of the Court. 9. It is made clear that since the present applicant has been granted bail considering the fact that being a lady she is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused person(s). (Rajesh Singh Chauhan,J.) Order Date :- 31.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench