HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7864 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. As per learned counsel for the applicant, the present applicant is in jail since 25.03.2025 in Case Crime No. 73 of 2025, under Sections 85, 80(2) of BNS and Section 3/4 of Dowry Prohibition Act, Police Station- Visheshwarganj, District- Bahraich. 3. Learned counsel for the applicant has submitted that the present applicant, who is the mother in law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of her brother. Her relations with her bhabhi were cordial and she never demanded any dowry from her or her family members. Learned counsel for the applicant has submitted that the cause of death is hanging. There are four more injuries on the body of the deceased except ligature mark around the neck which might be caused due to hanging. The present applicant is having no previous criminal history. The charge- sheet has been filed and she 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 a Versus Counsel for Applicant(s) : Anil Pandey Counsel for Opposite Party(s) : G.A., Aastho Mishra, Rajeev Prakash Anand, Vimal Shukla Smt. Sundarwati .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. .....Opposite Party(s) lady she may be given the benefit of Section 437 CrPC/480 BNSS. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail. 4. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 5. 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, no specific role has been attributed to the present applicant, the charge-sheet has been filed, the cause of death is hanging and there are four more injuries on the body of the deceased except ligature mark around the neck which might be caused due to hanging, the undertaking of the present applicant that she shall co-operate in the trial proceedings properly, the co-accused Km. Anshu has been granted bail vide order dated 23.7.2025 passed in Bail No.6666 of 2025, the fact that she being a lady she may be given the benefit of Section 437 CrPC/480 BNSS, I am of the view that the present applicant may be released on bail. 6. Accordingly, the bail application is allowed, on parity ground. 7. Let the applicant- Smt. Sundarwati, 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 he 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code/ 269 of the B.N.S., 2023. (iii) 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./ 84 of the BAIL No. 7864 of 2025 2 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 him, in accordance with law, under Section 174-A of the Indian Penal Code/ 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 313 Cr.P.C./ 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 him in accordance with law. (v) The applicant shall not leave India without previous permission of the court. September 17, 2025 kkb/ BAIL No. 7864 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench