Neutral Citation No. - 2025:AHC-LKO:5767 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 844 of 2025 Applicant :- Smt. Neelam @ Leelawati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ashish Raman Mishra, learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 07.12.2024 in Case Crime No.288 of 2024, under Sections 80 (2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station – Baundi, District – Bahraich. 3. Learned counsel for the applicant has submitted that the present applicant, who is mother-in-law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of her son. Her relations with her daughter-in-law were cordial and she never demanded any dowry from her or her family members. Learned counsel for the applicant has further submitted that cause of death could not be ascertained, therefore, viscera has been preserved. There is no ante-mortem injury on the body of the victim (since deceased) except one old abrasion. There is no previous criminal history of any kind whatsoever against the present applicant. Learned counsel has further stated that the applicant undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 480 of BNSS. 4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is mother-in-law of the deceased, no specific allegation has been levelled against her; cause of death could not be ascertained, therefore, viscera has been preserved; there is no ante-mortem injury on the body of the victim (since deceased) except one old abrasion; the applicant being lady may be given the benefit of Section 480 of BNSS and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 6. Accordingly, the bail application is allowed. 7. Let applicant- Smt. Neelam alias Leelawati be released on bail in the aforesaid case crime number 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:- (i) 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. 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against 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 her presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against 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 the 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 her in accordance with law. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 28.1.2025 /RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench