Neutral Citation No. - 2025:AHC-LKO:43280 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6885 of 2025 Applicant :- Smt. Shakina Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Amit Kumar Awasthi,Ashish Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Shri Amit Kumar Awasthi, learned counsel for the applicant and Shri Hari Shankar Maurya, learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 08.06.2025 in FIR/Case Crime No.123 of 2025, under Sections 85/ 80(2) of BNS and Section 3/4 of Dowry Prohibition Act, Police Station– Majhgai, District– Kheri. 3. 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. Attention has been drawn towards the impugned FIR, wherein the date of incident has been indicated as 21.04.2025, however, the FIR has been lodged on 02.05.2025 i.e. after about thirteen days without explaining the aforesaid inordinate delay. 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. Learned counsel for the applicant has further submitted that cause of death could not be ascertained, hence, viscera is preserved and there is no ante-mortem injury on the body of the victim (since deceased). The present applicant is having no prior criminal history of any kind whatsoever. Learned counsel for the applicant has given an undertaking on behalf of the present applicant that the present 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. 4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. 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 there is inordinate delay of about thirteen days in lodging the FIR and the delay has not been explained; the present applicant is mother-in-law of the deceased, no specific allegation has been levelled against her; cause of death could not be ascertained, viscera is preserved; there is no ante-mortem injury on the body of the victim (since deceased) 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 that the present applicant may be released on bail. 6. Therefore, the instant bail application is allowed. 7. Let the applicant - Smt. Shakina Bano, 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 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/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 82 Cr.P.C./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 174-A IPC/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 313 Cr.P.C./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. Order Date :- 28.7.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench