Neutral Citation No. - 2025:AHC-LKO:24057 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3551 of 2025 Applicant :- Usha Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Himanshu Suryavanshi,Purnendu Chakravarty,Ram Uggrah Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Purnendu Chakravarty, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 154 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Hathigawan, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.08.2021 against the applicant, her husband and her son stating that the informant had got her daughter married to the son of the applicant on 12.02.2016; that all the accused persons used to harass her for demanding dowry; the victim had delivered a daughter who was aged about 3 years at the time of lodging of F.I.R. and the informant's daughter was beaten up and set ablaze on 03.08.2021. 4. The postmortem examination report mentions 95% ante mortem burns present on head to ankle joint except both soles. 5. In the affidavit filed in support of bail application it has been stated that the applicant is a 60 years old innocent woman, she has been falsely implicated in the present case and she has no criminal history and she is not keeping well. It has been stated that the applicant's husband co-accused Ran Bahadur Singh has already been enlarged on bail by a coordinate Bench of this court by means of an order dated 17.02.2022, passed by this Court in Criminal Misc. Bail Application No.13813 of 2021. 6. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copies of the statements recorded by the Investigating Officer. It has further been stated in the supplementary affidavit that F.I.R. No.108 of 2022 has been lodged under Section 174-A I.P.C. upon the applicant's failure to participate in the investigation even after issuance of a proclamation under Section 82 Cr.P.C. It has been stated in the affidavit that the applicant has the responsibility of looking after the daughter of the deceased and therefore she evaded her arrest for sometime. 7. The learned Additional Government Advocate appearing on behalf of the State has vehemently opposed the prayer and she has submitted that the applicant did not cooperate with the investigation and a proclamation under Section 82 Cr.P.C. had to be issued against her. A declaration under Section 83 Cr.P.C. was made against her and her properties have been attached. She has submitted that the aforesaid conduct of the applicant dis-entitles her to be enlarged on bail. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegations levelled against the applicant and her husband Ran Bahadur Singh are similar; the co-accused Ran Bahadur Singh has already been enlarged on bail by this court on 17.02.2022; that the applicant is a woman aged about 60 years having no previous criminal history and she has given an explanation that she has evaded her arrest for sometime as she had to look after the daughter of deceased and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Usha Singh 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 :- 28.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench