Shashi Bala Vs State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. of U.P. Lko.

Neutral Citation No. - 2025:AHC-LKO:10951

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1487 of 2025

Applicant :- Shashi Bala Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Lko. Counsel for Applicant :- Prabhu Ranjan Tripathi,Aparna Tripathis Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant and Sri Om Prakash, learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 6.12.2024 in Case Crime No. 386 of 2024 u/s 108 BNS, P.S. Mailani, District Lakhimpur Kheri.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. He has stated that the applicant is unmarried daughter of late Sri Sunder Lal. He has also stated that the facts and circumstances are pathetic inasmuch as within two days, father and two sons have committed suicide on 05.12.2024 and 06.12.2024. One suicide note was found at the place of incident wherein the name of accused persons have been indicated but in the alleged suicide note, there is no allegation against the present applicant, however, some allegations have been levelled against the co-accused namely Arti Nigam and Ram Devi. Both the aforesaid accused persons namely Arati Nigam and Ram Devi have been granted bail by this Court vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No. 990 of 2025 and vide order dated 16.01.2025 passed in Criminal Misc. Bail Application No. 388 of 2025, respectively. Since the charge sheet has been filed under Section 108 BNS, therefore, the prosecution will have to

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establish any positive or overt act of the present applicant instigating or abetting the victim to commit suicide. Both the aforesaid ingredients are missing in the present case, though, the aforesaid fact/ allegation may be tested during course of investigation. Charge sheet has been filed. The present applicant is having no prior criminal history of any kind whatsoever. Further, the applicant being a lady may be given the benefit of section 480 BNSS.

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The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail, if so granted, and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail order.

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Learned A.G.A. opposed the prayer for bail but he could not dispute the aforesaid contentions of learned counsel for the applicant.

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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 applicant is unmarried girl; one suicide note was found at the place of incident wherein the name of other co-accused persons have been indicated but in the suicide note, there is no allegation against the present applicant; coaccused persons namely Arati Nigam and Ram Devi have been granted bail by this Court vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No. 990 of 2025 and vide order dated 16.01.2025 passed in Criminal Misc. Bail Application No. 388 of 2025, respectively; the charge sheet has been filed; the present applicant is having no prior criminal history of any kind whatsoever; the applicant being a lady may be given the benefit of Section 480 BNSS and the undertaking of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings and shall abide by all the terms and conditions of the bail order I find it appropriate that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Shashi Bala, 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:-

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(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.

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(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.

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(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.

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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 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.

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(Rajesh Singh Chauhan, J.)

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Order Date :- 18.2.2025 (Manoj K.)

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

Shashi Bala v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. of U.P. Lko.

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Shashi Bala v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. of U.P. Lko.

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