Neutral Citation No. - 2025:AHC-LKO:30031 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4438 of 2025 Applicant :- Shyama Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Santosh Kumar Kanaujia, the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned A.G.A. for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 85 of 2025, under Sections 85, 108 B.N.S and Section 3/4 of Dowry Prohibition Act, registered at Police Station Mitauli, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.03.2025 against the applicant and her son Uttam Kumar, stating that the informant had got his daughter married to the applicant's son Uttam Kumar about six years ago; all the accused persons used to harass her for demanding dowry and they had beaten her with kicks, fists and sticks on 12.03.2025 due to which she committed suicide by hanging in the night of 12.03.2025. 4. The post mortem examination report of the dead body mentions a ligature mark above the neck running obliquely upwards, interrupted on left side of neck by 2 cm and the cause of death has been opined to be asphyxia due to ante mortem hanging. 5. During investigation, it came to light that the marriage took place on 23.02.2018 i.e more than seven years prior to lodging of the F.I.R. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a 65 years old innocent woman, she has been falsely implicated in the present case and she has no criminal history. 7. The learned A.G.A has opposed the bail application and he has submitted that the allegations have been established during investigation and a charge-sheet against the applicant and her son has been submitted on 02.04.2025 for offences under sections 85, 108 B.N.S and Section 3/4 of Dowry Prohibition Act. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant stated that the applicant's son had got married to the informant's daughter six years ago, this period was more than seven years; the allegation levelled in the F.I.R that the accused persons had beaten the victim could not substantiate by the findings of the post mortem examination report, coupled with the fact that the applicant is a 65 years old woman having no criminal history and she is languishing in jail since 22.03.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Shyama Devi be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 21.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench