Neutral Citation No. - 2025:AHC-LKO:20992 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3040 of 2025 Applicant :- Gyanwati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.,Bhagwati Prasad Nigam Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State, as well as Shri B.P. Nigam, Advocate, who has put in appearance and filed his Vakalatnama on behalf of the informant, and perused the records. The Vakalatnama is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0258 of 2024, under Sections 80(2) and 85 B.N.S. and Section 3/4 D.P. Act, registered at Police Station Behta Gokul, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.08.2024 against the applicant, her two sons and daughter-in-law, stating that the informant had got his daughter married to the applicant's son, co-accused- Alesh; all the accused persons had beaten her up with kicks, fists and sticks for demanding dowry due to which the informant's daughter died at about 11 p.m. on 13.08.2024, while she was 7 months pregnant. 4. Although the witnesses present during inquest proceedings stated that the victim had died due to injuries caused by assault, the postmortem examination report mentions no injury except an old healed wound present on anterolateral aspect of left knee. The cause of death could not be ascertained. Viscera was preserved for examination and the viscera examination report also does not mention any finding. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 56 years woman having no criminal history, and she has been falsely implicated in the present case. 6. In the statement of the informant recorded under Section 180 B.N.S.S., he stated that the accused persons had beaten up his daughter badly in the noon of 12.08.2024 due to which serious injury was caused on her abdomen. Upon getting the information of the incident, the informant had scolded the applicant's son whereupon the victim was taken to hospital at Hardoi but thereafter the accused persons brought her back home and she died suddenly at about 11 p.m. on 13.08.2024. He stated that the accused persons had administered poison to the victim. A similar statement was given by the informant's wife also. 7. The learned Additional Government Advocate as well as learned counsel for the informant has opposed the bail application. Learned Additional Government Advocate has submitted that the allegations have been established during investigation, and a charge-sheet has been submitted on 28.12.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR alleges that the deceased was killed by assaulting her with kicks, fists and sticks, which allegation is not supported by the finding of the postmortem examination report; in the statements of the informant and his wife, they alleged that the deceased had been administered poison but this allegation is also not supported by the finding of the viscera examination report coupled with the fact that the applicant is a woman having no criminal history; she is languishing in jail since 25.12.2024, whereas the investigation already stands concluded, I am of the view that a case for enlargement of the applicant on bail is made out. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Gyanwati be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 15.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench