Neutral Citation No. - 2025:AHC-LKO:48534 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7689 of 2025 Applicant :- Smt. Bitana @ Vitana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A.,Abhay Dwivedi,Rahul Kumar Shukla Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Abhay Dwivedi, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. In the prosecution case, it is alleged that the informant’s daughter was married to Shamim, the son of the applicant, about ten months ago. It is further alleged in the FIR that the accused persons were demanding a Bullet motorcycle in dowry. On 10.02.2025, at about 12:00 noon, the victim was allegedly beaten and administered poison. Learned counsel for the applicant submits that the applicant, who is the 55-year-old mother-in-law of the deceased, is in custody since 02.07.2025 and has no criminal antecedents. It is contended that general allegations have been levelled against her. The cause of death could not be ascertained. The post- mortem report did not disclose any antemortem injury, and the viscera report confirmed that no poison had been consumed by the victim. It is further submitted that the deceased had, in fact, committed suicide, and the applicant has been falsely implicated. There is no possibility of the applicant absconding or tampering with witnesses, and if released on bail, she undertakes not to misuse the liberty. Learned A.G.A. as well as learned counsel for the complainant opposed the bail application. However, upon a query being made, they could not point out from the record any material to show that soon before her death, there was a demand for dowry from the victim. Having regard to the general nature of allegations made in the prosecution case, the statements of the complainant and independent witnesses, coupled with the fact that the applicant, a 55-year-old lady, is in custody since 02.07.2025 without any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Smt. Bitana @ Vitana involved in Case Crime No.- 35 of 2024, Under Section 80(2), 85 B.N.S. & 3/4 Dowry Prohibition Act, Police Station - Ranipur, 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 :- 19.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench