Neutral Citation No. - 2025:AHC-LKO:43435 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6734 of 2025 Applicant :- Smt. Pushpa Devi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Pratul Gupta,Ayush Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicants and Sri Anant Pratap Singh, learned A.G.A. for the State. 2. It has been contended by the learned counsel for the applicant that the applicants are in jail since 30.5.2025 in Case Crime no.151 of 2025 u/s 85, 108, 92 BNS & section 3/4 D.P. Act, P.S. Fhardhan, District Lakhimpur Kheri. It has been submitted that the applicants have been falsely implicated in this case as they have not committed any offence as alleged. 3. Attention has been drawn towards the impugned F.I.R. wherein the general allegations have been levelled against all family members including the present applicants. The present applicants are mother-in-law and father-in-law of the victim (since deceased). No specific role has been attributed to them. The relation of the present applicants with their daughter-in-law (since deceased) was cordial and they have 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. The cause of death is hanging. There is no antemortem injury except one ligature mark around the neck area which might be cause due to hanging. Charge-sheet has been filed in this case. 4. The learned counsel for the applicants has given an undertaking on behalf of applicant that the applicants 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. 5. 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. 6. 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 applicants, only general allegations have been levelled against the applicants, they have never demanded any dowry from the victim (since deceased) or her family members, the cause of death is hanging, there is no antemortem injury except one ligature mark around the neck area which might be caused due to hanging, charge- sheet has been filed and the undertaking given on behalf of the applicants that they shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicants are entitled to be released on bail in this case. 7. Bail application is allowed. 8. Let the applicants Smt. Pushpa Devi and Ishwardeen, involved in aforesaid case crime be released on bail on their 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 applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse 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 applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants 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 applicants 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 them in accordance with law. (v) The applicants shall not leave the country (India) without prior permission of the Court. . (Rajesh Singh Chauhan, J.) Order Date :- 28.7.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench