Kalavati v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 666 of 2024, under Sections 3(5), 115(2), 103(1) of BNS, Police Station Mohammadpur Khala, District Barabanki.

It is argued by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the instant case due to ulterior motive. He further submits that the statement of the injured is against the co-accused Rajesh but role cannot be segregated at this stage. He further submits that a 'danda' is said to have been recovered from the possession of one of the co-accused, namely, Ramu and no recovery of weapon is made from the possession of the applicant. He also submits that the applicant is not involved in committing the offence and there is no substantial evidence against him. Further submission is that the applicant has no previous criminal history and she is languishing in jail since 13.10.2024 and she undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings. Thus, submission is that the applicant may be enlarged on bail. Co- accused Rajesh has been granted bail by this Court in Crl. Misc. Bail Application No. 12760/2024 vide order dated 25.06.2025. The present applicant being a lady may be given the benefit of Section 480 B.N.S.S.

Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the offence and, as such, he is not entitled for bail.

Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the statement of the injured is against not against the applicant; the recovery of 'danda' is said to have been made from the possession of co-accused, namely, Ramu and no recovery of weapon is made from the possession of the applicant; the applicant being a lady may be given the benefit of Section 480 B.N.S.S.; there is no substantial evidence against the applicant and the applicant has no previous criminal history and he is languishing in jail since 13.10.2024, coupled with the fact that he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.

Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

Let the applicant- Kalavati involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) 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. She 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 under Section 229-A of the Indian Penal Code; (3) 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.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

Before parting with, learned trial court is directed to expedite the trial invoking the provisions of Section 309 Cr.P.C./346 B.N.S.S. without giving any unnecessary adjournment to any of the parties, fixing short date, if possible, on day to day basis and if any of the parties does not cooperate in the trial court proceedings properly, any appropriate coercive steps may be taken by the trial court strictly in accordance with law. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.)