Neutral Citation No. - 2025:AHC:6556 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43936 of 2024 Applicant :- Girja Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dur Vijay Singh,Qamrul Hasan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Dur Vijay Singh, learned counsel for the applicant as well as Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 142 of 2024, U/S 498- A, 304-B IPC and 3/4 D.P. Act, Police Station Muskara, District Hamirpur, during the pendency of trial. PROSECUTION STORY: 4. The marriage of the son of the applicant was solemnized with the deceased person as per Hindu rites about three years before her death. A dead body was found from the Railway track and the said unknown dead body was identified by the family members on 7.6.2024 at the mortuary. ARGUMENTS ON BEHALF OF THE APPLICANT: 5. The applicant, who is the mother-in-law of the deceased, is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize her. 6. The FIR was instituted against the applicant and other family members of having subjected her to cruelty for a demand of Rs. 2 lakhs as dowry, thereby leading to her death. The son of the applicant had reported the matter at the police station on 3.6.2024 itself, which was entered as G.D. No. 34 at 17.51 hours the same day regarding his missing wife, who had gone to the market but was not traceable since then.There are general and omnibus allegations against all the accused persons. 7. The cause of death was found to be ante-mortem injury sustained by the deceased, which could be attributed to have been incurred by over-running train. 8. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 9. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 4.9.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 10. The bail application has been opposed, but the fact that applicant has no criminal history has not been disputed. CONCLUSION: 11. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because he or she is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2022 (10) SCC 51. Learned AGA has not shown any exceptional circumstances which would warrant denial of bail to the applicant. 12. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State. 13. Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 14. Let the applicant- Girja Devi who is involved in aforementioned case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 15.1.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad