Neutral Citation No. - 2025:AHC-LKO:39885 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6045 of 2025 Applicant :- Vidyawati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Jaikaran, learned counsel for the applicant, Sri Ranvijay Singh, learned Additional Government Advocate for the State and Sri Dheeraj Awasthi, learned counsel who has filed Vakalatnama today on behalf of the complainant, same is taken on record. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 04.06.2025 in Case Crime No.0167 of 2025, under Sections 85 & 108 of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as the "BNS") Police Station- Bihar, District- Unnao. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 4. Attention has been drawn the impugned FIR wherein the date of incident has been shown as 12.05.2025 whereas FIR has been lodged on 14.05.2025 without explaining the delay. In the FIR, The allegation has been levelled against the husband of the deceased and the present applicant, who is mother-in-law of the deceased. The present applicant was having cordial relation with the deceased and there is no prior complaint in respect of her ill behaviour with her daughter-in-law (since deceased). Even if the prosecution story has considered on its face value, there is no overt or positive act of the present applicant instigating or abetting the victim (since deceased) to commit suicide, therefore, the ingredients of Section 108 B.N.S.S. are prima facie missing, though such allegation may be ascertained during the course of trial. Learned counsel has further stated that there is one letter written by victim (since deceased) to her father about the ill behaviour of the present applicant, but on the basis of aforesaid letter, the ingredients of Section 108 B.N.S.S. would not be attracted. The present applicant being a lady may be given the benefit of Section 480 BNSS. Investigation is going. The applicant undertakes that she shall cooperate in the investigation, shall not misuse the liberty of bail and shall abide by all terms and conditions of bail. 5. Per contra, learned Additional Government Advocate as well as learned counsel for the informant/complainant has, however, opposed the prayer for bail, but they 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. and other material available on record, the fact that applicant is a lady, the undertaking of the present applicant that she shall co-operate in the investigation properly, the fact that she being a lady she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail. 7. Accordingly, the instant bail application is allowed. 8. Let the present applicant Vidyawati 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. The present applicant shall not leave the country without prior permission of the Court. 9.The applicant is directed to appear before the Investigating Officer within 48 hours after releasing from the jail to cooperate in the investigation and she shall further cooperate in the investigation till completion of the investigation and filling of police report, failing which, this bail order may be withdrawn on the application being filed by the learned AGA or learned counsel for complainant. Order Date :- 14.7.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench