Neutral Citation No. - 2025:AHC-LKO:38659 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5911 of 2025 Applicant :- Shanti Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suraj Singh Visen,Aman Kumar Shrivastav,Ayush Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ayush Pratap Singh, learned counsel for the applicant and Sri Arun Kumar Verma, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 14.4.2025 in Case Crime no. 70 of 2025 u/s 85, 80(2) B.N.S. and 3/4 D.P. Act, P.S. Umri Begumganj, District Gonda. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein general allegations of demanding dowry and torturing have been levelled against all family members including the present applicant. The present applicant is mother-in-law of the victim (since deceased). No specific role has been attributed to her. The relation of the present applicant with her daughter-in-law (since deceased) was cordial and she has never demanded any dowry from her or her family members. The F.I.R. has been lodged having ulterior motive and extraneous design in the mind of the complainant. 4. Learned counsel for the applicant has drawn attention of this Court towards para 20 and Annexure no. 10 of the bail application wherein it has been indicated that the present applicant has been living separately from the deceased and she had nothing to do with the family members of her son or his wife (since deceased). Further attention has been drawn towards para 22 and Annexure no. 12 to the bail application wherein this fact has been indicated that the present applicant is an old lady suffering from age relating ailments. The cause of death is hanging and except ligature mark the deceased received six minor injuries. Since the present applicant was living separately, therefore, she is absolutely unaware as to how the deceased received those injuries. There might be some dispute between her son and his wife (since deceased) but she is not aware about that. Being a lady she may be given the benefit of section 480 B.N.S.S.. 5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted. 6. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that no specific role has been assigned to the present applicant, only general allegations have been levelled against the applicant, she has never demanded any dowry from the victim (since deceased) or her family members, the cause of death is hanging, there is one ligature mark around the neck area which might be caused due to hanging, the present applicant has been living separately from the deceased and she had nothing to do with the family members of her son or his wife (since deceased), applicant is an old lady suffering from age relating ailments, being a lady the applicant may be given the benefit of section 480 B.N.S.S. and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case. 8. Bail application is allowed. 9. Let the applicant Shanti Devi, involved in aforesaid case crime be released on bail 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 which are being imposed in the interest of justice:- (i) The applicant shall file an undertaking to the effect that he / 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / 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 his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / 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 him / her in accordance with law. . (Rajesh Singh Chauhan, J.) Order Date :- 8.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench