Snehlata v. State of Thru. Prin. Secy. Home Lko

Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13199 of 2024 Applicant :- Snehlata Opposite Party :- State Of Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Kumar Gupta,Vivek Shukla Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

¶1Heard Sri Vivek Shukla, learned counsel for the applicant and Ms. Sudha Sharma, learned Additional Government Advocate for the State.

¶2As per learned counsel for the applicant, the present applicant (Snehlata) is languishing in jail since 24.09.2024 in Case Crime No.261 of 2024, under Sections 115 (2), 352, 351 (3) & 105 of Bhartiya Nyaya Sanhita, 2023 (henceforth referred to as the "B.N.S."), Police Station-Sandila, District-Hardoi.

¶3Learned 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.

¶4Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the allegation of assault and beating has been levelled against four accused persons including the present applicant. The present applicant is a lady, has not committed any offence as alleged. Nothing incriminating has been recovered from her possession inasmuch as the Bamboo has been recovered on the pointing out of co-accused, Siya Ram. In the aforesaid incident, the entire family of the present applicant has been implicated. The present applicant being a lady may be given the benefit of Section 480 B.N.S.S.

¶5Learned counsel for the applicant has stated that the charge-sheet has been filed in this case. There is no criminal history of any kind whatsoever against the present applicant. He has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court, and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly.

¶6On the other hand, learned Additional Government Advocate has 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 she could not dispute the aforesaid factual contention of learned counsel for the applicant.

¶7Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific allegation has been levelled against the present applicant; nothing incriminating has been recovered from the possession of the present applicant; the charge-sheet has been filed in this case; there is no criminal history of any kind whatsoever against the present applicant and the undertaking that the present applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings properly, without expressing any opinion on the merits of the case, besides, the present applicant being a lady may be given the benefit of Section 480 B.N.S.S., I am of the view that the present applicant may be released on bail.

¶8Accordingly, the instant bail application is allowed.

¶9Let the applicant (Snehlata) 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 :- 20.12.2024 Suresh/ High Court of Judicature at Allahabad, Lucknow Bench