HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7769 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that sister of the complainant Kajal was married on 30.5.2023 to Azad Kumar. After marriage, named accused persons started demanding golden chain, ring and Rs.5 lac cash and due to this demand, the deceased was subjected to cruelty. Matrimonial dispute was going on in the Family Court wherein settlement was arrived at on 19.3.2025, however, on 22.3.2025 at about 8.00a.m., the accused persons are alleged to have committed murder of the deceased. 3.Learned counsel for the applicant submits that the applicant is mother in law. The cause of death is asphyxia as a result of ante mortem hanging. Viscera has been preserved for chemical analysis. It is submitted that one injury on the toe finger of the left foot of the deceased is attributable to the fact that on the motorcycle, the family member of the accused was taking her to the hospital and left foot of the deceased was on the road and due to that, simple burn injury has been shown on the toe which is evident from perusal of the statement of the independent witness Shriram Yadav which is on record. It is submitted that the husband of the deceased filed an application under Section 9 of Hindu Marriage Act wherein a settlement was arrived at Versus Counsel for Applicant(s) : Dhirendra Pratap Singh Counsel for Opposite Party(s) : G.A., Bharat Kumar Dixit Ram Kumari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) which falsifies the prosecution case. Another complaint was filed by the victim under sections 498A, 323, 504, 506 I.P.C., 3/4 D.P. Act. The matter was referred to Mediation and Conciliation Centre. The mediation was successful. The mediation report has been filed as Annexure No.8 to the bail application. After that, the deceased committed suicide. General and sweeping allegation has been made in the prosecution case without any specific allegation attributable to the present accused applicant who is innocent. The applicant has no previous criminal history. The applicant is in jail since 16.4.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A.and complainant's counsel opposed the prayer for bail. It is submitted that on 13th March, 2025, mediation was successful. She was taken to her matrimonial home by her husband, however, within a few days, she committed suicide. She died within seven years of marriage in an unnatural circumstance. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the applicant is mother in law, prima facie there are general and sweeping allegations on all the accused persons without any specific role assigned to the applicant, the cause of death is asphyxia as a result of antemortem hanging, simple injury on the toe has been explained by the applicant, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Ram Kumari, involved in Case Crime No.110 of 2025 under sections 85/80(2) BNS, 3/4 Dowry Prohibition Act, P.S. Salon, district Raebareli, 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:- BAIL No. 7769 of 2025 2 (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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A I.P.C. (now 269 BNS) (vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. September 15, 2025 kkb/ BAIL No. 7769 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench