High Court · 2025

Applicant :- Smt. Asha Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajesh Trivedi,Ranjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Ranjeet Singh, learned counsel for the applicant and Sri Om Prakash, the learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 16.10.2024 in Case Crime No. 374 of 2024, under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as "B.N.S."), Police Station- Hujoorpur, District- Bahraich.

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 drawn attention of this Court towards the impugned F.I.R. which was lodged on 21.09.2024 for the alleged incident dated 04.09.2024 without explaining the aforesaid delay in the F.I.R. The general allegation of beating has been levelled against three accused persons including the present applicant. No specific allegation has been levelled against the applicant, nor any weapon has been assigned to her. Even as per the statement of eye-witnesses namely Mai Lal son of Khilawan, all three accused persons were beating the deceased and when some persons interrupted, all the accused persons took the victim (since deceased) inside the house and later on, the information came that the victim namely Deshraj died. As a matter of fact, no one has seen the incident as to who has beaten the victim with which weapon. As per the postmortem report, the cause of death of the victim is strangulation, therefore, it is not clear as to who has strangulated the deceased. Charge sheet has been filed against the applicant. 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 Additional Government Advocate 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 they 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 in the F.I.R., the general allegation of beating has been levelled against three accused persons including the present applicant; no specific allegation has been levelled against the applicant, nor any weapon has been assigned to her; no one has seen the incident as to who has beaten the victim with a weapon; the cause of death of the victim is strangulation and it is not clear as to who has strangulated the deceased; charge sheet has been filed against the applicant; the applicant is having no previous criminal history; the undertaking of the 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- Smt. Asha Devi 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 she is a lady and no specific role has been attributed to her and 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 persons. (Rajesh Singh Chauhan,J.) Order Date :- 28.1.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Applicant :- Smt. Asha Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajesh Trivedi,Ranjeet Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Ranjeet Singh, learned counsel for the applicant and Sri Om Prakash, the learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 16.10.2024 in Case Crime No. 374 of 2024, under Sections 103(1) of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as "B.N.S."), Police Station- Hujoorpur, District- Bahraich.

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 drawn attention of this Court towards the impugned F.I.R. which was lodged on 21.09.2024 for the alleged incident dated 04.09.2024 without explaining the aforesaid delay in the F.I.R. The general allegation of beating has been levelled against three accused persons including the present applicant. No specific allegation has been levelled against the applicant, nor any weapon has been assigned to her. Even as per the statement of eye-witnesses namely Mai Lal son of Khilawan, all three accused persons were beating the deceased and when some persons interrupted, all the accused persons took the victim (since deceased) inside the house and later on, the information came that the victim namely Deshraj died. As a matter of fact, no one has seen the incident as to who has beaten the victim with which weapon. As per the postmortem report, the cause of death of the victim is strangulation, therefore, it is not clear as to who has strangulated the deceased. Charge sheet has been filed against the applicant. 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 Additional Government Advocate 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 they 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 in the F.I.R., the general allegation of beating has been levelled against three accused persons including the present applicant; no specific allegation has been levelled against the applicant, nor any weapon has been assigned to her; no one has seen the incident as to who has beaten the victim with a weapon; the cause of death of the victim is strangulation and it is not clear as to who has strangulated the deceased; charge sheet has been filed against the applicant; the applicant is having no previous criminal history; the undertaking of the 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- Smt. Asha Devi 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 she is a lady and no specific role has been attributed to her and 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 persons. (Rajesh Singh Chauhan,J.) Order Date :- 28.1.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench