High Court · 2025

Applicant :- Suneeta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Yogeshwar Sharan Srivastava,Umakant Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Yogeshwar Saran Srivastava, learned counsel for the applicant and Sri Ranvijay Singh, learned A.G.A. for the State and Sri Uday Pratap Singh, learned counsel who has filed Vakalatnama today on behalf of the complainant, same is taken on record.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 23.4.2025 in Case Crime No. 82 of 2025, u/s 108, 191(2), 115(2), 351(3), 352 of BNS, P.S. Mahrajganj, District Ayodhya. 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 a general allegation of assault and beating has been attributed to eight accused persons, however, during the course of investigation the charge-sheet has been filed only against the present applicant, Reena and Chhoteylal as complicity of other accused persons has not been found. On a trivial dispute the deceased started hot talk with the present applicant. Later on he committed suicide. There are total 11 antemortem injuries on the body of the deceased including the ligature mark. The cause of death is hanging.

4. Learned counsel for the applicant has stated that even if the prosecution story is considered on its face value the relevant ingredients of section 108 B.N.S. do not attract inasmuch as there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide. However, the ingredients of section 108 B.N.S. would be established during the course of the trial. The present applicant has no criminal history of any kind whatsoever. She has been impleaded for the reason that she was neighbour of the deceased. Being a lady, the applicant may be extended the benefit of Section 480 B.N.S.S. Charge-sheet has been filed in this case. Further, attention has been drawn towards the bail order of this Court dated 15.07.2025 in Crl. Misc. Bail Application No.6434 of 2025, whereby, co-accused Reena has been granted bail, therefore, learned counsel for the applicant has submitted that the present applicant may be enlarged on bail on the basis of principle of pairity.

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 in the F.I.R. general allegation of assault and beating has been attributed to eight accused persons, during the course of investigation the charge- sheet has been filed only against the present applicant, Reena and Chhoteylal as complicity of other accused persons has not been found, on a trivial dispute the deceased started hot talk with the present applicant and later on he committed suicide, cause of death is hanging, the relevant ingredients of section 108 B.N.S. do not attract in this case inasmuch as there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, applicant has no criminal history of any kind whatsoever, being a lady the applicant may be extended the benefit of section 480 B.N.S.S., charge-sheet has been filed in this case 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 Suneeta, 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 he / 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 him / her in accordance with law. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Applicant :- Suneeta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Yogeshwar Sharan Srivastava,Umakant Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Yogeshwar Saran Srivastava, learned counsel for the applicant and Sri Ranvijay Singh, learned A.G.A. for the State and Sri Uday Pratap Singh, learned counsel who has filed Vakalatnama today on behalf of the complainant, same is taken on record.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 23.4.2025 in Case Crime No. 82 of 2025, u/s 108, 191(2), 115(2), 351(3), 352 of BNS, P.S. Mahrajganj, District Ayodhya. 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 a general allegation of assault and beating has been attributed to eight accused persons, however, during the course of investigation the charge-sheet has been filed only against the present applicant, Reena and Chhoteylal as complicity of other accused persons has not been found. On a trivial dispute the deceased started hot talk with the present applicant. Later on he committed suicide. There are total 11 antemortem injuries on the body of the deceased including the ligature mark. The cause of death is hanging.

4. Learned counsel for the applicant has stated that even if the prosecution story is considered on its face value the relevant ingredients of section 108 B.N.S. do not attract inasmuch as there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide. However, the ingredients of section 108 B.N.S. would be established during the course of the trial. The present applicant has no criminal history of any kind whatsoever. She has been impleaded for the reason that she was neighbour of the deceased. Being a lady, the applicant may be extended the benefit of Section 480 B.N.S.S. Charge-sheet has been filed in this case. Further, attention has been drawn towards the bail order of this Court dated 15.07.2025 in Crl. Misc. Bail Application No.6434 of 2025, whereby, co-accused Reena has been granted bail, therefore, learned counsel for the applicant has submitted that the present applicant may be enlarged on bail on the basis of principle of pairity.

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 in the F.I.R. general allegation of assault and beating has been attributed to eight accused persons, during the course of investigation the charge- sheet has been filed only against the present applicant, Reena and Chhoteylal as complicity of other accused persons has not been found, on a trivial dispute the deceased started hot talk with the present applicant and later on he committed suicide, cause of death is hanging, the relevant ingredients of section 108 B.N.S. do not attract in this case inasmuch as there is no overt or positive act of the present applicant to instigate or abet the victim to commit suicide, applicant has no criminal history of any kind whatsoever, being a lady the applicant may be extended the benefit of section 480 B.N.S.S., charge-sheet has been filed in this case 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 Suneeta, 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 he / 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 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 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 him / her in accordance with law. Order Date :- 28.7.2025 Reena/- (Rajesh Singh Chauhan,J.) REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench