Neutral Citation No. - 2025:AHC-LKO:39515 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6003 of 2025 Applicant :- Rekha Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Lko. Counsel for Applicant :- Ripu Daman Shahi,Neeraj Tewari Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Ripu Daman Shahi, learned counsel for the applicant, Shri Ram Ji, learned A.G.A. for the State and Dr. Pooja Singh, learned counsel has filed her Vakalatnama on behalf of the complainant/ informant, the same is taken on record. 2. Learned counsel for the informant has filed short counter affidavit, the same is also taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 05.06.2025 in Case Crime No. 238 of 2025, under Sections 80(2) & 85 of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Sushant Golf City, District Lucknow. 4. Learned counsel for the applicant has submitted that the present applicant, who is mother-in-law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged in the prosecution story so narrated in the FIR. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of her son. Her relations with her daughter-in-law were cordial and she never demanded any dowry from her or her family members. 5. Learned counsel for the applicant has further submitted that cause of death is hanging and there is no ante-mortem injury on the body of the victim (since deceased) except ligature mark, which might be caused on account of hanging. The co-accused person namely, Shiv Prakash Shukla (father-in-law) has been granted anticipatory bail by the learned court below on 19.05.2025 and the co-accused person namely, Prashant Shukla (brother-in-law or Devar) has been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.398 of 2025 vide order dated 02.05.2025. There is no previous criminal history of any kind whatsoever against the present applicant. Learned counsel has further stated that the applicant undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C (now Section 480 BNSS). 6. On the other hand, learned A.G.A. and learned counsel for the informant have, 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 they could not dispute the aforesaid contention of learned counsel for the applicant. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is mother-in-law of the deceased; no specific allegation has been levelled against her; cause of death is hanging; there is no ante- mortem injury on the body of the victim (since deceased) except ligature mark which might be caused due to hanging; the co-accused persons namely, Shiv Prakash Shukla and Prashant Shukla have been enlarged on anticipatory bail; the applicant being lady may be given the benefit of Section 437 Cr.P.C. (now Section 480 BNSS) and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Rekha Shukla 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 (now Section 269 of BNS, 2023). (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 CrPC (now Section 84 of BNSS, 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 (now Section 208 of BNS, 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 CrPC (now Section 351 of BNSS, 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. Order Date :- 10.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench