Neutral Citation No. - 2025:AHC-LKO:11957 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5682 of 2024 Applicant :- Tapeshwari Devi Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Govt. Civil Sectt. Lko. Counsel for Applicant :- Tribhuvan Narain Singh Counsel for Opposite Party :- G.A.,Abhishek Shukla Hon'ble Rajesh Singh Chauhan,J. 1. This is the second bail application moved on behalf of applicant. The first bail application was dismissed as not pressed. 2. Heard Shri Tribhuvan Narain Singh, learned counsel for the applicant and Shri Arun Verma, learned Additional Government Advocate for the State-respondents. 3. As per learned counsel for the applicant, the present applicant (Tapeshwari Devi) is languishing in jail since 08.11.2023 in Case Crime No.669 of 2023, under Sections 498-A, 304-B, 328 of IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Kotwali Nagar, District- Ayodhya. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated as she has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which was lodged on 08.10.2023 for the alleged incident dated 06.10.2023 without explaining the delay. In the aforesaid impugned FIR entire family has been implicated including the present applicant. The present applicant is mother-in-law of the deceased. No specific role has been attributed to the present applicant. The present applicant was having cordial relation with her daughter-in-law (since deceased) and she has never demanded any dowry from her or her family members. So as to implicate the entire family, the present applicant who is mother-in-law, has been implicated in this case. Learned counsel for the applicant has submitted that the cause of death could not be ascertained, therefore, viscera was preserved. Prima facie, this is a case of poisoning. The victim died in a hospital during treatment, however, she was taken to the hospital from her parental place. The present applicant is having no previous criminal history. The charge-sheet has been filed and she undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 437 Cr.P.C. 5. Per contra, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not dispute the aforesaid contention of learned counsel for the applicant. 6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, no specific role has been attributed to the present applicant, the charge-sheet has been filed, the cause of death could not be ascertained, therefore, viscera was preserved, however, this is a case of poisoning, the undertaking of the present applicant that she shall co-operate in the trial proceedings properly, the fact that she being a lady she may be given the benefit of Section 437 Cr.P.C., I am of the view that the present applicant may be released on bail. 7. Let the applicant (Tapeshwari Devi) be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (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 of the Indian Penal Code. (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. 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 of the Indian Penal Code. (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. 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. 8. 8. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and no specific role has been attributed to the present applicant and she being a lady is given the benefit of Section 437 Cr.P.C., therefore, the parity of this order may not be claimed by the other co-accused persons. 9. In view of the aforesaid terms, the bail application is allowed. Order Date :- 27.2.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench