Neutral Citation No. - 2025:AHC-LKO:7419 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1047 of 2025 Applicant :- Khatiza Begam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Manoj Kumar Singh learned counsel for the applicant and Sri Bhanu Pratap Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 27.12.2024 in Case Crime No. 504 of 2024 u/s 498A, 304B IPC & section 3/4 D.P. Act, P.S. Ramgaon, District Bahraich. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards impugned F.I.R. which has been lodged on 4.10.2024 for the alleged incident dated 22.5.2024 pursuant to the application filed u/s 156(3) Cr.P.C. The aforesaid application has been filed on 5.6.2024 without explaining the delay. The present applicant is mother-in-law and victim is daughter- in-law (since deceased). Daughter-in-law died on account of electric current and such information has been given by the husband of the victim (since deceased) to the family members of the the daughter-in-law. All the family members of daughter-in-law came to the place of incident and raised no objection of any kind whatsoever at the time of preparation of inquest. No such allegation has been levelled against the present applicant which has been levelled in the F.I.R. After about 16 days of the death of the daughter-in-law (since deceased) the application u/s 156(3) Cr.P.C. has been filed perhaps on the ill-advise of the family members having ulterior motive and extraneous design in their minds. As a matter of fact the death of the daughter-in-law of the applicant is an accident. The present applicant or her family members never demanded any dowry from the daughter-in-law or her family members. The applicant has no previous criminal history of any kind whatsoever. The applicant being a lady is entitled to the benefit of section 480 BNSS. 4. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 6. 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 F.I.R. has been lodged on 4.10.2024 for the alleged incident dated 22.5.2024 pursuant to the application filed u/s 156(3) Cr.P.C. dated 5.6.2024 without explaining the delay, victim died of electrocution and such information has been given by the husband of the victim (since deceased) to her family members, all the family members of daughter-in-law came to the place of incident and raised no objection of any kind whatsoever at the time of preparation of inquest, no allegation has been levelled against the present applicant which has been levelled in the F.I.R., after about 16 days of the death of the daughter-in-law (since deceased) the application u/s 156(3) Cr.P.C. has been filed on the ill-advise of the family members having ulterior motive and extraneous design in their minds, the death of the daughter-in-law of the applicant was an accident, present applicant or her family members never demanded any dowry from the daughter- in-law or her family members, applicant has no previous criminal history of any kind whatsoever, applicant being a lady is entitled to the benefit of section 480 BNSS and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 7. Bail application is allowed. 8. 7. Bail application is allowed. 8. Let the applicant Khatiza Begam, 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:- (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 his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C.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, in accordance with law, under Section 174-A of the Indian Penal Code. (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 her in accordance with law. (v) The applicant shall not leave the country without permission of the Court concerned. . (Rajesh Singh Chauhan, J.) Order Date :- 5.2.2025/Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench