Neutral Citation No. - 2025:AHC-LKO:7447 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1116 of 2025 Applicant :- Nandu Devi 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 Rajnish Kumar Verma, learned Additional Government Advocate for the State-respondents. 2. As per learned counsel for the applicant, the present applicant (Nandu Devi) is languishing in jail since 13.12.2024 in Case Crime No.38 of 2024, under Sections 323, 504, 506, 498A, 304B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station-Gilaula, District-Shrawasti. 3. Attention has been drawn towards the impugned First Information Report (in short F.I.R.) wherein the date of incident has been indicated as 14.02.2024 but the impugned F.I.R. has been lodged on 16.02.2024 without explaining the delay. There is one relevant fact in this case that after the death of the victim on 14.02.2024, the required exercise of inquest has been undertaken on 15.02.2024. At the time of preparation of inquest, the father of the deceased was present and other family members of both the sides were also present. As per the opinion of the inquest witnesses the deceased consumed poison on account of some trivial dispute with her husband. After preparation of the inquest, the F.I.R. has been lodged on the next date. There is no ante-mortem injuries on the body of the deceased. The present applicant is the mother-in-law of the victim (since deceased) and her relation was cordial with her daughter-in-law. She never demanded any kind of dowry from her or her family members. So far as the husband of the deceased is concerned, the charge-sheet has been filed against him but so far as the present applicant is concerned, the investigation is going on. The present applicant has got no criminal history and she undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 BNSS. 4. Per contra, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not disputed the aforesaid contention of learned counsel for the applicant. 5. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, no specific role has been attributed to the present applicant, the undertaking of the present applicant that she shall co-operate in the trial proceedings properly, the fact that she being a lady she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail. 6. Let the present applicant (Nandu Devi) be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with 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 229-A of the Indian Penal Code. (iii) 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, then, the trial court shall initiate proceedings against her, 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. 7. 7. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and no specific role has been attributed to the present applicant and she being a lady is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. 8. In view of the aforesaid terms, the bail application is allowed. Order Date :- 5.2.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench