Neutral Citation No. - 2025:AHC-LKO:43504 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2089 of 2025 Applicant :- Lakshmi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Aniket Srivastav,Anil Sharma,Om Prakash Misra,Rahul Kumar,Satish Chandra Kashish Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and Shri Bhanu Pratap Singh, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 23.11.2024 in FIR/Case Crime No.237 of 2024, under Sections 80(2), 85 of BNS and Section 3/4 of Dowry Prohibition Act, Police Station– Laliya, District– Balrampur. 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. Attention has been drawn towards impugned FIR, wherein the date of incident has been indicated as 18.10.2024 but the FIR has been lodged on 22.10.2024 i.e. after about four days and the explanation of the aforesaid inordinate delay has nowhere been given in the FIR. The general allegation of assault and beating has been attributed to four accused persons including the present applicant. 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. 4. Learned counsel has stated that as per the statement of the villagers, at the time of incident in question, the present applicant was not present in the house as she was in the field to collect grass etc. for the cattle. The cause of death is burning and the present applicant is absolutely unaware as to why and how her daughter-in-law committed suicide. There might be some trivial dispute between the husband and wife on account of which she might have taken this extreme step but the present applicant is absolutely unaware about such fact. Chargesheet has been filed. The present applicant is having one criminal history, which has been explained in para 29 of the bail application. Chargesheet has been filed. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C/ Section 480 BNSS. Learned counsel for the applicant has given an undertaking on behalf of the present applicant that the present 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. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 6. 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 there is delay of about four days in lodging the FIR and the delay has not been explained; the general allegation of assault and beating has been attributed to four accused persons including the present applicant; as per the statement of the villagers, at the time of incident in question, the present applicant was not present in the house as she was in the field to collect grass etc. for the cattle; The cause of death is burning and the present applicant is absolutely unaware as to why and how her daughter-in-law committed suicide; chargesheet has been filed; the present applicant being lady may be given the benefit of Section 437 Cr.P.C./ Section 480 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 that the present applicant may be released on bail. 7. Therefore, the instant bail application is allowed. 8. Let the applicant - Lakshmi, 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 her 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. Order Date :- 28.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench