Nisha Vs State of U.P. Thru. Prin. Secy. Sectt. Lko

Neutral Citation No. - 2025:AHC-LKO:46476

Court No. - 28

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11853 of 2024

Applicant :- Nisha Opposite Party :- State Of U.P. Thru. Prin. Secy. Sectt. Lko Counsel for Applicant :- Anil Kumar Tiwari,Amit Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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2. This is the second bail application moved on behalf of the applicant/Smt. Nisha with a prayer to release her on bail in Case Crime No.325 of 2022, under Sections 302/504/34 I.P.C., Police StationNagram, District-Lucknow.

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3. The first bail application bearing criminal Misc. Bail Application No.6074 of 2023 has been rejected by this Court vide order dated 10.10.2023.

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4. It has been submitted by learned counsel for the applicant that applicant is a lady and has been falsely implicated in present case. He further submits that Ghuru Prasad, brother of the deceased has been examined as P.W.-1 before the learned trial Court and in his cross-examination, he deposed that he was not present at the place of occurrence. When he came to know about the fact that his brother had died, he reached the place of occurrence.

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5. It is also submitted by learned counsel for the applicant that Ghuru Prasad, P.W.-1 is the complainant and he has not supported the prosecution case. Similarly, Sundara Devi, mother of the deceased has been examined as P.W.-2 and she has also not supported the prosecution case in her cross-examination. She has been declared

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hostile. The applicant has no previous criminal history and is languishing in jail since 23.12.2022.

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6. Learned counsel for the applicant has also submitted that if the applicant is released on bail, she will not misuse the liberty of bail and she will also fully cooperate with the trial Court in getting the trial concluded expeditiously.

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7. Learned A.G.A. has opposed the prayer for bail, but he could not dispute the fact that Sundara Devi, P.W.-2, mother of the deceased has not supported the prosecution case and has been declared hostile.

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8. Without expressing any opinion on the merits of the case, after hearing learned counsel for the parties and looking into the statement of P.W.-2, who is mother of the deceased, has not supported the prosecution case and the applicant is a lady, I am of the opinion that applicant is entitled to be released on bail.

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9. Let applicant, Smt. Nisha, be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he 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.

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(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 him under Section 229-A of the Indian Penal Code.

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(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

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the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(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 him in accordance with law.

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10. It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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Order Date :- 8.8.2025 Mahesh

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Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Nisha v. State of U.P. Thru. Prin. Secy. Sectt. Lko

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Nisha v. State of U.P. Thru. Prin. Secy. Sectt. Lko

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