High Court · 2025

1. Heard Sri Prem Chandra Gupta, learned counsel for the applicant, Sri Ranvijay Singh, learned Additional Government Advocate for the State and Sri Suhail Kashif, learned counsel for the informant.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 16.03.2025 in Case Crime No. 0167 of 2025, under Sections 115(2), 352, 351(3), 105 of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as the "BNS"), Police Station- Deva, District- Barabanki.

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. Attention has been drawn towards the impugned FIR wherein the general allegation of assault and beating has been attributed to four accused persons including the present applicant. The present applicant is wife of main accused Ishrar Ali as on his pointing out the iron rod, which has been used to kill the victim, has been recovered. As per further prosecution story, the present applicant was present on the spot alongwith her minor child aged about six years. After arrest of the present applicant she is in jail with her six years' minor son, his son has been suffering irreparably in jail as he is not being looked after properly in the jail considering the atmosphere of the jail, recitals to this effect have been given in para 22 of the bail application.

5. Further attention has been drawn towards the Annexure No.3 which is a copy of Fard Baramadgi (recovery memo), which also indicates that the main accused is not the present applicant but her husband. Learned counsel has also stated that there are two injured persons who have also recorded their statements saying that the present applicant was present with her husband when the incident in question took place. The present applicant is having no previous criminal history. Charge-sheet has been filed. 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.

6. Per contra, learned Additional Government Advocate as well as learned counsel for the informant/complainant has, however, opposed the prayer for bail, but they 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. and other material available on record, the fact that the applicant is not the main accused, after arrest, she is in jail with her six years' minor son, the applicant is having no previous criminal history, the undertaking of the present applicant that she shall not misuse the liberty of bail, shall abide by all terms and conditions of bail order and 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.

8. Accordingly, the bail application is allowed. 9. Let the applicant (Shiba Bano) 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. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and she is in jail with her six years' minor son and she being a lady is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. Order Date :- 14.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Prem Chandra Gupta, learned counsel for the applicant, Sri Ranvijay Singh, learned Additional Government Advocate for the State and Sri Suhail Kashif, learned counsel for the informant.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 16.03.2025 in Case Crime No. 0167 of 2025, under Sections 115(2), 352, 351(3), 105 of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as the "BNS"), Police Station- Deva, District- Barabanki.

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. Attention has been drawn towards the impugned FIR wherein the general allegation of assault and beating has been attributed to four accused persons including the present applicant. The present applicant is wife of main accused Ishrar Ali as on his pointing out the iron rod, which has been used to kill the victim, has been recovered. As per further prosecution story, the present applicant was present on the spot alongwith her minor child aged about six years. After arrest of the present applicant she is in jail with her six years' minor son, his son has been suffering irreparably in jail as he is not being looked after properly in the jail considering the atmosphere of the jail, recitals to this effect have been given in para 22 of the bail application.

5. Further attention has been drawn towards the Annexure No.3 which is a copy of Fard Baramadgi (recovery memo), which also indicates that the main accused is not the present applicant but her husband. Learned counsel has also stated that there are two injured persons who have also recorded their statements saying that the present applicant was present with her husband when the incident in question took place. The present applicant is having no previous criminal history. Charge-sheet has been filed. 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.

6. Per contra, learned Additional Government Advocate as well as learned counsel for the informant/complainant has, however, opposed the prayer for bail, but they 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. and other material available on record, the fact that the applicant is not the main accused, after arrest, she is in jail with her six years' minor son, the applicant is having no previous criminal history, the undertaking of the present applicant that she shall not misuse the liberty of bail, shall abide by all terms and conditions of bail order and 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.

8. Accordingly, the bail application is allowed. 9. Let the applicant (Shiba Bano) 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. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and she is in jail with her six years' minor son and she being a lady is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. Order Date :- 14.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench