Neutral Citation No. - 2025:AHC-LKO:44651 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5289 of 2025 Applicant :- Kalawati @ Prema Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Ram Janak Yadav,Maya Ram Yadav,Vinay Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1.Heard learned counsel for the applicant and Sri Bhanu Pratap Singh, learned Additional Government Advocate for the State. 2.As per learned counsel for the applicant, the present applicant (Kalawati @ Prema Devi) is languishing in jail since 07.03.2025 in Case Crime No.0047 of 2025, under Sections 85 & 80 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Chhapia, District-Gonda. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). He has further submitted that relation of the present applicant, who is mother-in-law of the deceased, was having cordial relation with her daughter-in-law and she is absolutely unaware as to why the victim (since deceased) has committed suicide. On the date of occurrence, the deceased administered medicine to the present applicant and after consuming medicine she was taking rest in the sunshine outside the home. There is no eye witness account of the incident in question. However, there is last seen evidence. The cause of death is Asphysia due to ante-mortem hanging. There is no other injuries except one ligature mark around the neck area, which might be caused on account of ante-mortem hanging. There might be some scuffle between the husband and wife on mobile, but she is unaware of such scuffle. 4.Learned counsel for the applicant has stated that the present applicant is having no criminal history of any kind whatsoever. She has never demanded any dowry from the deceased or her family members. 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 480 B.N.S.S. 5.On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail by submitting that since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 6.Having heard learned counsel for the parties and having perused the material available on record; considering the fact that no specific role has been attributed to the present applicant; the cause of death is Asphyxia due to ante-mortem hanging; there is no other injuries except one ligature mark around the neck area, which might be caused on account of ante-mortem hanging and this fact may be tested at the time of trial; there is no eye witness account of the incident in question; the present applicant was having cordial relation with her daughter-in-law (since deceased); the present applicant is having no prior criminal history of any kind whatsoever; the charge-sheet has been filed and the undertaking that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; the fact that she being a lady she may be given the benefit of Section 437 Cr.P.C./480 B.N.S.S, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 7.Accordingly, the instant bail application is allowed. 8.Let the applicant (Kalawati @ Prema Devi) be released on bail in the aforesaid case crime number on her furnishing a personal bond and 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 IPC/269 of the B.N.S., 2023. (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./84 of B.N.S.S., 2023 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 IPC/208 of the B.N.S., 2023. (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./351 of B.N.S.S., 2023. 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. The present applicant shall not leave the country without prior permission of the Court. . [Rajesh Singh Chauhan,J.] Order Date :- 1.8.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench