Neutral Citation No. - 2025:AHC:35709 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4618 of 2025 Applicant :- Pramina Alias Kalan Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate representing the State. 2. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 0162 of 2024, under Sections 80(2), 85 of B.N.S. and Section ¾ Dowry Prohibition Act, Police Station Bara, District Prayagraj, during the pendency of trial. 3. As per the prosecution case, in brief, complainant- Shivram bind, who is brother of the deceased lodged a first information report on 24.11.2024 for the alleged offence under Sections 80(2), 85 of B.N.S. and Section ¾ Dowry Prohibition Act against five accused persons, namely, Pradeep Bind, Vishnu, Prabhakar, Pintu and Kalan Devi (applicant), who are husband, brothers-in-law (devar), father-in-law and mother-in-law of the deceased respectively with the allegations inter alia that marriage of his sister was solemnized in May, 2023 with Pradeep Bind. In the marriage sufficient dowry was given, but after the marriage, on account of additional demand of dowry by her in-laws, his sister was continuously being harassed and tortured in her matrimonial home. They asked her to bring Rs. 5,00,000/- from her parental home. From the wedlock of the deceased and her husband, a girl child was also born, who is presently aged about eight months. Since the informant was a poor person who was not able to pay much money, therefore, on 24.11.2024 at about 10 A.M. accused persons badly beaten his sister and hang her to death. 4. Main substratum of argument of learned counsel for the applicant is that the applicant is mother-in- law of the deceased and has been falsely implicated in this case. The information about the said incident has been given by the applicant to the parents of the deceased and they were also present at the time of inquest proceedings. Cause of death of the deceased was asphyxia due to antemortem hanging, and except the ligature mark, no other injury was found on her body. Applicant is living with her husband and son Vishnu in Gujarat, where she works in "Shivchaudhary Enterprise" and they have no concern with the deceased and her husband, who were living separately in village Korari, Police Station Bara, District Prayagraj. Since harvesting work was going on in the field at the applicant's native place, therefore, she had come to her village about a week before the incident for harvesting. Since paddy was being harvested, applicant used to go to harvest paddy and return at late night, hence she does not have any information that why her daughter-in-law committed suicide. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 28.11.2024 having no criminal history to her credit and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be adjudged at pre-trial stage but does not dispute the above factual aspect of the matter as argued on behalf of the applicant. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that the learned Additional Government Advocate does not dispute the fact that applicant is living with her husband and son Vishnu in Gujarat, where she works in "Shivchaudhary Enterprise." The material documents (identity cards of applicant and her husband, detail of bank account of applicant's husband) to show her residence at Gujarat has been filed along with supplementary affidavit dated 06.03.2025. 7. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, I am of the view that the case of the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 8. Let the applicant-Pramina alias Kalan Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 10. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 11.3.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad