Neutral Citation No. - 2025:AHC-LKO:46500 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7388 of 2025 Applicant :- Reena Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Nalin Arora,Anshuman Kumar,Anubhav Singh,Vrishank Pathak Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the FIR, it is alleged that the informant’s minor daughter, aged about 27 years, was married to accused no. 1 in the year 2019. Since the time of marriage, she was allegedly subjected to cruelty in connection with dowry demands. On 01.04.2025, the informant received information regarding her death. Learned counsel for the applicant submits that the prosecution has made general allegations against all family members, without attributing any specific role to the applicant, who is the mother-in-law of the deceased. It is further submitted that the applicant has no criminal antecedents. The postmortem report does not indicate any external injuries on the body of the deceased. The medical opinion available on record also does not support the prosecution version, as it confirms the absence of any injury marks. The viscera report reveals the presence of aluminium phosphide poison. It is contended that the deceased committed suicide and the applicant is innocent. She is in custody since 26.06.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. Learned A.G.A. has opposed the bail application, contending that the victim died within seven years of marriage under suspicious circumstances, which prima facie suggests a case of dowry death. Hence, the application is liable to be rejected. Upon due consideration of the material on record, particularly the absence of any specific allegation that the deceased was subjected to cruelty in connection with dowry soon before her death, the viscera report indicating the presence of aluminium phosphide, which, as per settled law, cannot be forcibly administered, and the fact that the applicant, mother-in-law of the deceased, is in custody since 26.06.2025 with no prior criminal record, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Reena involved in Case Crime/FIR No. 90/2025, U/S-80(2)/85 B.N.S and 3/4 D.P. Act, P.S-. KaisarGanj, District - Bahraich 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 will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) 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. (v) 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 in accordance with law. (vi) 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. (now Section 84 BNSS) 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 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. Order Date :- 8.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench