Neutral Citation No. - 2025:AHC-LKO:47696 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7617 of 2025 Applicant :- Shivkala Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akhilendra Kumar Goswami Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.81 of 2025, under Sections 108, 85 BNS and Sections 3/4 of D.P. Act, P.S. Khargupur, District Gonda. Learned counsel for applicant submits that applicant is mother- in-law. The co-accused Shivraj who is father-in-law and was assigned the similar role has been granted bail by a Co-ordinate Bench of this Court vide order dated 04.07.2025 passed in Criminal Misc. Bail Application No.5871 of 2025 to which applicant claims parity. He submits that cause of death is asphyxia as a result of ante mortem hanging. He submits that applicant resides away from the deceased, a copy of the family register is on record. It is submitted that except sweeping allegations which are general in nature against family member, there is no specific role assigned to the applicant. The deceased was living happily for the last 14 years of her marriage. The ingredients to attract Section 108 BNS are missing in this case. He submits that the applicant is in jail since 27.06.2025. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 27.06.2025 having no criminal history, bail order of co- accused Shivraj (supra) to which applicant claims parity, general nature of allegations in the prosecution case, applicant is mother-in-law and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed on the grounds of parity. Let the applicant Shivkala be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 him 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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (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 of the Indian Panel Code (now Section 209 BNS). Order Date :- 14.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench