Neutral Citation No. - 2025:AHC-LKO:1608 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 101 of 2025 Applicant :- Rama Devi Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 347 of 2024, under sections 85, 80 of the B.N.S. and section 3/4 of the Dowry Prohibition Act,1961, Police Station-Hargaon, District -Sitapur. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant is Mother-in- law and she alongwith her husband is living separately. He next added that this fact has specifically been mentioned in paragraph no. 13 of the bail application. He also added that there is no specific allegation against the applicant and the general allegations have been levelled against the applicant including her son. He submits that there is no ante-mortem injury on the body of the deceased as is evident from the postmortem report. He further submits that the deceased used to fight with her husband over his low earning and it seems that due to financial constraints, she had hanged herself. He next submits that the chargesheet has been filed and as such, there is no possibility that the applicant will tamper the evidences. He added that the applicant is a woman of 50 years of age and her case is distinguishable from the case of the husband of the deceased. He also added that the applicant has no previous criminal history and she is a law abiding citizen and is languishing in jail since 30- 08-2024. Further submitted that the applicant undertakes that in case, she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that there are serious allegations against the applicant and as such, she is not entitled for any relief. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 30-08-2024; there is no previous criminal history of the applicant as has been explained in paragraph 20 of the bail application coupled with the fact that the applicant has undertaken that if she is granted bail, she will not misuse the liberty of the same and would cooperate in the trial proceedings. Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Rama Devi, involved in the aforementioned 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:- (1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant 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. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code; (3) 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.; and (4) 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, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 9.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench