Neutral Citation No. - 2025:AHC-LKO:10132 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1410 of 2025 Applicant :- Smt. Radha 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 Rajesh Singh Chauhan,J. 1. Heard Sri Suyesh Pradhan, 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 (Smt. Radha) is in jail since 23.12.2024 in Case Crime no. 238 of 2024, u/s 498A, 304B, 328, 323, 504 & 506 IPC & section 3/4 Dowry Prohibition Act, 1961, P.S.- Sakran, District-Sitapur. 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 the impugned F.I.R. wherein the general allegations have been levelled against all family members including the present applicant. The present applicant is mother-in-law of the victim (since deceased). No specific role has been attributed to her. The relation of the present applicant with her daughter-in-law (since deceased) was cordial and she has never demanded any dowry from her or her family members. The F.I.R. has been lodged having ulterior motives and extraneous design in the mind of the complainant. The cause of death is uncertain, viscera is preserved. Charge- sheet has been filed in this case. 4. The learned counsel for the applicant has submitted that the present applicant is having no prior criminal history of any kind whatsoever. He has undertaken on behalf of present applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings properly and shall abide by all terms and conditions of bail, if granted. He has also submitted that the co-accused, Rajendra, has been granted bail by this Court vide order dated 31.01.2025 passed in Criminal Misc. Bail Application No.961 of 2025; Rajendra vs. State of U.P., therefore, on the basis of principles of parity, the present applicant may also be released on bail. Besides, the present applicant being a lady may be given the benefit of Section 437 Cr.P.C./ 480 B.N.S.S. 5. Learned A.G.A. opposed the prayer for bail of the present applicant 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 no specific role has been assigned to the present applicant, only general allegations have been levelled against the applicant, she has never demanded any dowry from the victim (since deceased) or her family members, the cause of death is uncertain, viscera is preserved, charge- sheet has been filed 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 properly, the present applicant being a lady may be given the benefit of Section 437 Cr.P.C./ 480 B.N.S.S., I am of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant bail application is allowed. 8. Let the applicant (Smt. Radha), 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 her under Section 229-A IPC/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 82 Cr.P.C./84 of 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 174-A IPC/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 313 Cr.P.C./351 of 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 17.2.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench