Neutral Citation No. - 2025:AHC:19465 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3404 of 2025 Applicant :- Nemwati Devi Alias Shanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard Ms. Sulekha Begum, learned counsel for the applicant and learned Additional Government Advocate for the State. 2-The instant bail application under Section 483 B.N.S.S. has been filed on behalf of the applicant with a prayer to release him on bail in Sessions Case No. 1452 of 2024 arising out of Case Crime No. 277 of 2024, under Sections 498A, 504, 304B I.P.C. and Sections 3/4 D.P. Act, Police Station-Dibai, District- Bulandshahar, during the pendency of trial. 3-The main substratum of argument of learned counsel for the applicant is that the marriage of daughter of the complainant with the son of the applicant was solemnized on 02.03.2024. Since the deceased has died on account of her cardiopulmonary arrest / heart attack within three months' of her marriage, therefore, a false F.I.R. has been lodged on 28.05.2024 after delay of five days' by the complainant. Much emphasis has been given by contending that though the general allegation of demand of dowry has been levelled against the accused persons including the applicant, who is mother-in-law of the deceased but the same is not corroborated from any material on record. It is next submitted that during trial, complainant was examined as PW-1 on 29.10.2024 who has been declared hostile after recording his examination-in- chief, therefore, there is bleak chance of conviction of the applicant who is languishing in jail since 22.07.2024 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case. 4-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. 5-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the complainant has not supported the prosecution case before the trial court and has been declared hostile, hence, in the light of statement of the complainant recorded before the trial court, applicant has made out a prima-facie case for bail. 6-Hence, the bail application is hereby allowed. 7-Let the applicant-Nemwati Devi Alias Shanti Devi, be released on bail in the aforesaid case crime number on 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 11.2.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad