High Court · 2025

1. Heard Sri Sumit Kumar, learned counsel for the applicant and Sri Ran Vijay Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant (Sukhrani) is languishing in jail since 15.11.2024 in Case Crime No.397 of 2024 under Sections 3(5), 103(1), 115(2), 117(2), 333, 351(2), 110 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Lonikatra, District- Barabanki.

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.

4. Attention has been drawn towards impugned FIR, wherein, the general allegation of beating and assault through bamboo- cane, axe and Banka has been attributed to all accused persons. No specific allegation has been levelled to the present applicant. Even as per the statements of injured, no specific weapon has been attributed to the present applicant. Some of the statement of the witnesses says that the present applicant was present at the spot along with bamboo-cane and some of the witnesses have stated that the present applicant has also assaulted. The deceased received three on ante-mortem injuries which are lacerated wounds and the injured persons have also received several injuries. The present applicant has been implicated for the reason that her husband Mahesh Prajapati has been implicated.

5. As per allegation of the F.I.R., the incident in question took place on account of old enmity. Nothing incriminating has been recovered from the possession of the present applicant. However, the recovery in question has taken place on the pointing out of Suresh Prajapati and Chandra Pal Prajapati. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed against nine accused persons including the present applicant. She being a lady may be given the benefit of Section 480 BNSS. If, she is released on bail she shall not misused the liberty of bail and shall abide by all terms and conditions of the bail order.

6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that all the accused persons including the present applicant has beaten the deceased and injured persons mercilessly and the deceased as well as injured received serious injuries. Sri Ran Vijay Singh, has also stated that though the weapon has been received from the pointing out of Suresh Prajapati and Chandra Pal Prajapati but all accused persons were having weapons and Suresh Prajapati and Chandra Pal Prajapati were asked to conceal those weapons.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a lady and having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant (Sukhrani) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls her to appear and if the charge-sheet is filed against her she shall cooperate in the trial proceedings properly and 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 bail application of the present applicant has been considered only for the reason that the present applicant is a lady, therefore, the other co- accused may not seek pairity with the present applicant. Order Date :- 18.2.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA REENA KANNAUJIYA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Sri Sumit Kumar, learned counsel for the applicant and Sri Ran Vijay Singh, learned AGA for the State.

2. As per learned counsel for the applicant, the present applicant (Sukhrani) is languishing in jail since 15.11.2024 in Case Crime No.397 of 2024 under Sections 3(5), 103(1), 115(2), 117(2), 333, 351(2), 110 of Bharatiya Nyaya Sanhita, 2023 (in short B.N.S), Police Station- Lonikatra, District- Barabanki.

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.

4. Attention has been drawn towards impugned FIR, wherein, the general allegation of beating and assault through bamboo- cane, axe and Banka has been attributed to all accused persons. No specific allegation has been levelled to the present applicant. Even as per the statements of injured, no specific weapon has been attributed to the present applicant. Some of the statement of the witnesses says that the present applicant was present at the spot along with bamboo-cane and some of the witnesses have stated that the present applicant has also assaulted. The deceased received three on ante-mortem injuries which are lacerated wounds and the injured persons have also received several injuries. The present applicant has been implicated for the reason that her husband Mahesh Prajapati has been implicated.

5. As per allegation of the F.I.R., the incident in question took place on account of old enmity. Nothing incriminating has been recovered from the possession of the present applicant. However, the recovery in question has taken place on the pointing out of Suresh Prajapati and Chandra Pal Prajapati. The present applicant is having no prior criminal history of any kind whatsoever. Chargesheet has been filed against nine accused persons including the present applicant. She being a lady may be given the benefit of Section 480 BNSS. If, she is released on bail she shall not misused the liberty of bail and shall abide by all terms and conditions of the bail order.

6. On the other hand, learned Additional Government Advocate has opposed the prayer for bail of the present applicant by submitting that all the accused persons including the present applicant has beaten the deceased and injured persons mercilessly and the deceased as well as injured received serious injuries. Sri Ran Vijay Singh, has also stated that though the weapon has been received from the pointing out of Suresh Prajapati and Chandra Pal Prajapati but all accused persons were having weapons and Suresh Prajapati and Chandra Pal Prajapati were asked to conceal those weapons.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is a lady and having no prior criminal history of any kind whatsoever; and the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly, without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant (Sukhrani) 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 appear before the Investigating Officer to cooperate in the investigation and shall further remain present to cooperate in the investigation as and when the Investigating Team calls her to appear and if the charge-sheet is filed against her she shall cooperate in the trial proceedings properly and 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 bail application of the present applicant has been considered only for the reason that the present applicant is a lady, therefore, the other co- accused may not seek pairity with the present applicant. Order Date :- 18.2.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA REENA KANNAUJIYA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench