HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7970 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.171 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 of Dowry Prohibition Act, P.S. Dubagga, District Lucknow. 3. In the prosecution case it is alleged that daughter of the informant aged about 22 years was married with one Saif Khan against whom the case under POCSO Act was registered by her (deceased) four years ago in which due to mediation the matter was closed and, thereafter, she was married with Saif Khan. It is alleged that since then the named accused persons were committing cruelty upon her relating to demand of dowry. The deceased often used to tell the cruelty committed upon her to her fufi Sahnaj Bano. One day before the death of the deceased, she told Sahnaj on phone that she is being subjected to cruelty for demand of dowry and she will be killed. On the next day, news about suicide was received by the complainant. 4. Learned counsel for the applicant submits that complainant in his statement under Section 180 BNSS has not made any specific allegation against the present applicant. The complainant in her statement under Section 180 BNSS has alleged that on 14.04.2025 at about 04:00 pm, the Versus Counsel for Applicant(s) : Syed Tamjeed Ahmad Counsel for Opposite Party(s) : G.A. Shahmina .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) deceased told her about the cruelty meted out by her husband and father- in-law, she further told her about their demand of Rs.5,00,000/-. It is submitted on behalf of the applicant that statement of Zafreen shows that one day before the death of the deceased, the allegation of demand of Rs.5,00,000/- is on her husband and father-in-law and not on the present applicant. He further submits that from perusal of the case diary which is on record shows that from 01.01.2025 to 15.04.2025 there is no conversation between the present applicant with the deceased or Shahnaj Bano on their phone number. Cause of death is asphyxia as a result of ante mortem hanging. There is no other injury on the body of the deceased. Applicant is mother-in-law and has no criminal history. He submits that the applicant is in jail since 31.06.2025. 5. Learned A.G.A. has opposed the bail prayer. 6. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 31.06.2025 having no criminal history, general nature of allegations made in the prosecution case against the present applicant, applicant is mother- in-law, cause of death is asphyxia as a result of ante mortem hanging, prima facie case of the present applicant appears to be distinct than that of father-in-law and husband and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant Shahmina be released on bail in aforesaid case crime number subject to her 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 BAIL No. 7970 of 2025 2 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). August 26, 2025 Saurabh Yadav/- BAIL No. 7970 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench