High Court · 2025

1. Heard Sri Farhan Alam Osmany, learned counsel for the applicant and Sri Ashok Kumar 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 23.11.2024 in Case Crime No. 203 of 2001, us 147, 328, 342, 302 IPC, P.s. madhavganj, District Hardoi. 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 has been levelled against five accused persons including the present applicant. At the time of incident in question the present applicant was an unmarried lady. Mainly allegations have been levelled against four accused persons and as per allegation the present applicant was also present in the house when the alleged incident took place. The applicant was granted arrest stay by this Court vide order dated 16.3.2002 in Writ Petition No. 1330 (M/B) of 2002. After filing of the charge-sheet the present applicant filed 482 Cr.P.C. petition wherein she got interim protection. After dismissal of the aforesaid petition filed u/s 482 Cr.P.C. the warrant has been issued against the applicant and she surrendered before the learned trial court and was sent to the judicial custody on 23.11.2024.

4. Sri Osmany has further drawn attention of this Court towards Annxure no. 5 which is a judgment and order passed by the learned trial court acquitting all four accused persons except the applicant against whom the trial could not take place on account of her non-presence before the learned trial court. Learned counsel for the applicant has stated that the main accused against whom the specific allegations have been levelled have been acquitted by the trial court, therefore, the present applicant must have been acquitted by the learned trial court. She being a lady may be given the benefit of section 437 Cr.P.C. The applicant has no criminal history of any kind whatsoever.

5. 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.

6. 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.

7. 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 mainly allegations have been levelled against four accused persons and as per allegation the present applicant was also present in the house when the alleged incident took place, the applicant was granted arrest stay by this Court vide order dated 16.3.2002 in Writ Petition No. 1330 (M/B) of 2002, after filing of the charge-sheet the present applicant filed 482 Cr.P.C. petition wherein she got interim protection and after dismissal of the aforesaid petition filed u/s 482 Cr.P.C. the warrant has been issued against the applicant and she surrendered before the learned trial court and was sent in judicial custody on 23.11.2024, learned trial court acquitted all four accused persons except the applicant against whom the trial could not take place on account of her non- presence before the learned trial court, the main accused against whom the specific allegations have been levelled have been acquitted by the trial court, the applicant being a lady may be given the benefit of section 437 Cr.P.C., the applicant has no criminal history of any kind whatsoever 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.

8. Bail application is allowed.

9. Let the applicant Vineeta Devi, 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 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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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 permission of the Court concerned. . Order Date :- 15.1.2025/Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Farhan Alam Osmany, learned counsel for the applicant and Sri Ashok Kumar 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 23.11.2024 in Case Crime No. 203 of 2001, us 147, 328, 342, 302 IPC, P.s. madhavganj, District Hardoi. 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 has been levelled against five accused persons including the present applicant. At the time of incident in question the present applicant was an unmarried lady. Mainly allegations have been levelled against four accused persons and as per allegation the present applicant was also present in the house when the alleged incident took place. The applicant was granted arrest stay by this Court vide order dated 16.3.2002 in Writ Petition No. 1330 (M/B) of 2002. After filing of the charge-sheet the present applicant filed 482 Cr.P.C. petition wherein she got interim protection. After dismissal of the aforesaid petition filed u/s 482 Cr.P.C. the warrant has been issued against the applicant and she surrendered before the learned trial court and was sent to the judicial custody on 23.11.2024.

4. Sri Osmany has further drawn attention of this Court towards Annxure no. 5 which is a judgment and order passed by the learned trial court acquitting all four accused persons except the applicant against whom the trial could not take place on account of her non-presence before the learned trial court. Learned counsel for the applicant has stated that the main accused against whom the specific allegations have been levelled have been acquitted by the trial court, therefore, the present applicant must have been acquitted by the learned trial court. She being a lady may be given the benefit of section 437 Cr.P.C. The applicant has no criminal history of any kind whatsoever.

5. 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.

6. 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.

7. 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 mainly allegations have been levelled against four accused persons and as per allegation the present applicant was also present in the house when the alleged incident took place, the applicant was granted arrest stay by this Court vide order dated 16.3.2002 in Writ Petition No. 1330 (M/B) of 2002, after filing of the charge-sheet the present applicant filed 482 Cr.P.C. petition wherein she got interim protection and after dismissal of the aforesaid petition filed u/s 482 Cr.P.C. the warrant has been issued against the applicant and she surrendered before the learned trial court and was sent in judicial custody on 23.11.2024, learned trial court acquitted all four accused persons except the applicant against whom the trial could not take place on account of her non- presence before the learned trial court, the main accused against whom the specific allegations have been levelled have been acquitted by the trial court, the applicant being a lady may be given the benefit of section 437 Cr.P.C., the applicant has no criminal history of any kind whatsoever 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.

8. Bail application is allowed.

9. Let the applicant Vineeta Devi, 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 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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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 permission of the Court concerned. . Order Date :- 15.1.2025/Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench