Neutral Citation No. - 2025:AHC-LKO:37185 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5785 of 2025 Applicant :- Ramshri Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rajat Pratap Singh,Rahul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri R.P. Singh, learned counsel for the applicant and Dr. Surendra Singh, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 20.04.2025 in F.I.R./Case Crime No. 86 of 2025, under Sections 85, 103(1) of Bharatiya Nyaya Sanhita, 2023 & Section 3/4 of Dowry Prohibition Act, Police Station- Sandila, District- Hardoi. 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. 4. Attention has been drawn towards the impugned F.I.R. wherein the entire family of the husband of the victim (since deceased) has been implicated including the married sisters-in- law (Nanad) who were not present on the spot as they have got married and have been living the place of their in-laws since long time. 5. Learned counsel for the applicant has submitted that the present applicant is an old lady aged about 82 years having age related ailments. Immediately after receiving the information, the Sub-Inspector reached on the spot and recorded the statement of the victim (since deceased) and has videographed such statement, thereafter uploaded on the official site. The said statement has been enclosed as Annexure-2. As per the aforesaid statement, the victim had committed suicide for the reason that she was fed up with the ill behaviour of her husband who was drunkard. However, her dying declaration was recorded in the hospital by the Magistrate, wherein she levelled allegation against her mother-in-law, husband and married sisters-in-law (Nanad). 6. Learned counsel for the applicant has stated that the statement of the victim (since deceased) recorded by the Sub- Inspector on the spot is absolutely different from the dying declaration which creates doubts on the prosecution story. The present applicant was having cordial relation with her daughter- in-law (deceased) and she had not demanded any dowry from her or her family members. The present applicant being an old aged lady may be given the benefit of Section 480 B.N.S.S. 7. Learned counsel for the applicant has undertaken on behalf of the present applicant that the applicant shall not misuse the liberty of bail, if so granted by this Court and shall abide by all terms and conditions of the bail order and shall cooperate with the trial proceedings. 8. Learned Additional Government Advocate vehemently opposed the prayer for bail of the present applicant but could not dispute the aforesaid submissions of the learned counsel for the applicant. 9. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that the present applicant is an old lady aged about 82 years; she is languishing in jail since 20.04.2025 having no criminal history; the undertaking that the applicant shall not misuse the liberty of bail and shall abide by all terms and conditions of the bail order and shall cooperate in the trial proceedings properly and without expressing any opinion on merits of the case, I am of the view that the present applicant may be enlarged on bail. 10. Accordingly, the instant bail application is allowed. 11. Let the applicant- Ramshri 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 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 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 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 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. 12. Before parting with, it is expected that the trial shall be concluded with expedition in terms of Section 346 B.N.S.S. Further, the learned trial court may take all coercive measures, as per law, if either of the parties do not co-operate in the trial proceedings properly. Order Date :- 2.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench