Shakuntala Verma v. State of U.P.), therefore, the present

1. Heard Sri Shailendra Pratap Singh, learned counsel for the applicant and Smt. Rafiya Farooqui, learned Additional Government Advocate.

2. As per learned counsel for the applicant, the present applicant (Shakuntala Verma) is languishing in jail since 10.07.2024 in Sessions Trial No.1077 of 2024, arising out of Case Crime No.400 of 2024, under Sections 115, 352, 351 (2), 351 (3) & 103 (1) of Bharatiya Nyaya Sanhita, 2023, Police Station- Antu, District- Pratapgarh.

3. Learned 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 so narrated in the First Information Report (in short F.I.R.).

4. Attention has been drawn towards the impugned F.I.R. wherein the general allegation of assault and beating has been levelled against four accused persons including the present applicant. No specific role has been assigned to the present applicant. Nothing incriminating has been recovered from her possession. Even as per the statement of the other witnesses, no specific allegation has been levelled against the present applicant. Even as per the statement of eye witness, the general role of assault and beating has been attributed to all the accused persons. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed and 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 B.N.S.S.

5. It is further submitted the present applicant is an unmarried daughter of the co-accused Shakuntala Verma who has already been granted bail by this Court vide order dated 21.01.2025 passed in Criminal Misc. Bail Application No. 436 of 2025 (Shakuntala Verma Vs. State of U.P.), therefore, the present applicant is also entitled for bail on the ground of parity.

6. Per contra, learned Additional Government Advocate has, however, 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 he could not dispute the aforesaid contention of learned counsel for the applicant.

7. 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., other material available on record, the fact that the general allegation of assault and beating has been levelled against all the accused persons and no specific role has been assigned to the present applicant; nothing incriminating has been recovered from her possession; even as per the statement of the other witnesses no specific allegation has been levelled against the present applicant; even as per the statement of eye witness, the general role of assault and beating has been attributed to all the accused persons; the charge-sheet has been filed; the present applicant is an unmarried daughter of the co- accused Shakuntala Verma who has already been granted bail by this Court vide order dated 21.01.2025 passed in Criminal Misc. Bail Application No. 436 of 2025; the undertaking of the present applicant that she shall co-operate in the trial proceedings properly andthe fact that she being a lady she 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.

8. Accordingly, the instant bail application is allowed.

9. Let the present applicant Sunita Verma be released on bail in the aforesaid case crime number on her furnishing a personal bond 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. The present applicant shall not leave the country without prior permission of the Court.

10. Before parting with, it is made clear that the present applicant is granted bail only for the reason that she is a lady and has been given the benefit of Section 480 B.N.S.S., therefore, the other co-accused may not seek parity with her. [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 (Manoj K.) MANOJ KUMAR MANOJ KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Sri Shailendra Pratap Singh, learned counsel for the applicant and Smt. Rafiya Farooqui, learned Additional Government Advocate.

2. As per learned counsel for the applicant, the present applicant (Shakuntala Verma) is languishing in jail since 10.07.2024 in Sessions Trial No.1077 of 2024, arising out of Case Crime No.400 of 2024, under Sections 115, 352, 351 (2), 351 (3) & 103 (1) of Bharatiya Nyaya Sanhita, 2023, Police Station- Antu, District- Pratapgarh.

3. Learned 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 so narrated in the First Information Report (in short F.I.R.).

4. Attention has been drawn towards the impugned F.I.R. wherein the general allegation of assault and beating has been levelled against four accused persons including the present applicant. No specific role has been assigned to the present applicant. Nothing incriminating has been recovered from her possession. Even as per the statement of the other witnesses, no specific allegation has been levelled against the present applicant. Even as per the statement of eye witness, the general role of assault and beating has been attributed to all the accused persons. The present applicant is having no prior criminal history of any kind whatsoever. The charge-sheet has been filed and 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 B.N.S.S.

5. It is further submitted the present applicant is an unmarried daughter of the co-accused Shakuntala Verma who has already been granted bail by this Court vide order dated 21.01.2025 passed in Criminal Misc. Bail Application No. 436 of 2025 (Shakuntala Verma Vs. State of U.P.), therefore, the present applicant is also entitled for bail on the ground of parity.

6. Per contra, learned Additional Government Advocate has, however, 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 he could not dispute the aforesaid contention of learned counsel for the applicant.

7. 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., other material available on record, the fact that the general allegation of assault and beating has been levelled against all the accused persons and no specific role has been assigned to the present applicant; nothing incriminating has been recovered from her possession; even as per the statement of the other witnesses no specific allegation has been levelled against the present applicant; even as per the statement of eye witness, the general role of assault and beating has been attributed to all the accused persons; the charge-sheet has been filed; the present applicant is an unmarried daughter of the co- accused Shakuntala Verma who has already been granted bail by this Court vide order dated 21.01.2025 passed in Criminal Misc. Bail Application No. 436 of 2025; the undertaking of the present applicant that she shall co-operate in the trial proceedings properly andthe fact that she being a lady she 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.

8. Accordingly, the instant bail application is allowed.

9. Let the present applicant Sunita Verma be released on bail in the aforesaid case crime number on her furnishing a personal bond 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. The present applicant shall not leave the country without prior permission of the Court.

10. Before parting with, it is made clear that the present applicant is granted bail only for the reason that she is a lady and has been given the benefit of Section 480 B.N.S.S., therefore, the other co-accused may not seek parity with her. [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 (Manoj K.) MANOJ KUMAR MANOJ KUMAR High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench