HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7959 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the sister of the informant namely, Shiv Kumari was married with the applicant's son Dinesh Kumar three years ago. In the marriage, adequate dowry was given. However, the husband of the deceased and other co-accused persons named in the FIR used to commit cruelty relating to less dowry. She was also threatened to kill and was abused. It is further alleged that on 11/12.6.2025 in the night, she was done to death and was hanged by the accused persons. Learned counsel for the applicant submits that the applicant is the mother-in- law aged about 64 years. The allegations against the applicant and the other co-accused persons are general in nature, except a specific allegation levelled on the husband by the mother of the deceased. At no point of time in the prosecution case, any specific allegation is on the present applicant. It is submitted that as per the post-mortem report, cause of death is asphyxia as a result of ante-mortem hanging. Except the ligature mark, there is one abrasion on the limb of the deceased which may have been caused while taking down the body. It is further submitted that the applicant has no criminal history and she is languishing in jail since 27.6.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Maya Devi @ Gomti .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record, the post-mortem report so also the fact that the applicant is an old lady aged about 64 years; the allegation against the applicant is general in nature; she has no criminal history; she is languishing in jail since 27.6.2025; charge- sheet in the case has been filed against three persons including the applicant and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Maya Devi @ Gomti involved in Case Crime No. 145 of 2025, under Sections 80(2), 85 of B.N.S. & Section 3/4 of Dowry Prohibition Act, Police Station- Risiya, 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 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 BAIL No. 7959 of 2025 2 fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. 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 209 of B.N.S. August 26, 2025 Shravan BAIL No. 7959 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench