Neutral Citation No. - 2025:AHC-LKO:43551 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6997 of 2025 Applicant :- Smt. Krishnavati Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Govt. Of U.P. Lko. Counsel for Applicant :- Sanjay Kumar Singh,Pankaj Kumar,Shakshi Verma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant is languishing in jail since 20.05.2025 in FIR/Case Crime No.0129 of 2025 , under Sections 80(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Kheero, District- Raebareli. 3. Learned counsel for the applicant has stated 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. Learned counsel for the applicant has submitted that no specific role has been attributed to the present applicant. The present applicant was having cordial relations with her daughter-in-law (since deceased) and she never demanded any dowry from her or her family members. So as to implicate the entire family, the present applicant, who is mother-in-law, has been implicated in this case. Cause of death is asphyxia due to ante-mortem hanging. As per post-mortem report, there is single antemortem injury i.e. one ligature mark around the neck of the deceased, which might be caused on account of hanging. She had nothing to do with the family affairs of her son and her daughter-in-law (since deceased). The present applicant is having no previous criminal history. Chargesheet has been filed. 5. Further submission of learned counsel for the applicant is that co-accused Ram Lakhan (father-in-law of the deceased) having similar role has been enlarged on bail vide order dated 24.07.2025 passed by this Court in Criminal Misc. Bail Application No.6591 of 2025, therefore, on the principles of parity, the present applicant may also be enlarged on bail. The applicant undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 480 of BNSS. 6. Per contra, learned Additional Government Advocate has, 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 he could not dispute the aforesaid contentions of learned counsel for the applicant. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; the contents and allegations of the F.I.R.; other material available on record; 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 one ligature mark which might be caused due to hanging; co-accused Ram Lakhan (father-in-law of the deceased) having similar role has been enlarged on bail; the applicant being lady may be given the benefit of Section 480 of 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 applicant- Smt. Krishnavati 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 the 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 the 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. (v) The applicant shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 29.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench