Neutral Citation No. - 2025:AHC-LKO:4648 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11205 of 2024 Applicant :- Smt. Devwati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rajiva Dubey Counsel for Opposite Party :- G.A.,Atul Kumar Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rajiva Dubey, learned counsel for the applicant and Sri Ram Ji, learned Additional Government Advocate for the State. 2. As per learned counsel for the applicant, the present applicant (Smt. Devwati) is languishing in jail since 20.08.2024 in Case Crime No.243 of 2024, under Sections 85 & 80 (2) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station-Mitauli, District-Lakhimpur Kheri. 3.Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 4. Attention has been drawn towards the impugned F.I.R. wherein the general allegation has been levelled against all the accused persons including the present applicant. So as to implicate the entire family, the present applicant who is mother- in-law, has been implicated in this case. No specific role has been attributed to the present applicant. There are four injuries on the body of deceased. The present applicant was living separately and she is absolutely unaware as to how the deceased received those injuries. The cause of death is due to Asphyxia as a result of antemortem hanging. There might be some scuffle between the husband and wife but she is not aware of such scuffle. 5. Learned counsel for the applicant has stated that the present applicant is having criminal history of one case bearing Case Crime No.71 of 2021, under Sections 498-A, 323, 504 & 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Mitauli, District-Lakhimpur Kheri, wherein the present applicant has been granted bail, as is indicated in para-7 of the rejoinder affidavit to the counter affidavit filed by the complainant. There is no other criminal history of the present applicant. The present applicant was having cordial relation with her daughter-in-law (since deceased) and she has never demanded any dowry from her or her family members. 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 lady she may be given the benefit of Section 480 B.N.S.S. 6. On the other hand, learned Additional Government Advocate has, however, opposed the prayer for bail by submitting that since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail, but he could not dispute the aforesaid contention of learned counsel for the applicant. 7. Having heard learned counsel for the parties and having perused the material available on record; considering the fact that general allegation has been levelled against all the accused persons including the present applicant; no specific role has been attributed to the present applicant; the cause of death is due to Asphyxia as a result of antemortem hanging; the present applicant was having cordial relation with her daughter-in-law (since deceased); the present applicant was living separately and she is absolutely unaware as to how the deceased received such injuries; the charge-sheet has been filed and the undertaking that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; the fact that she being a lady she may be given the benefit of Section 437 Cr.P.C./480 B.N.S.S, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case. 8. Accordingly, the instant bail application is allowed. 9. Let the applicant (Smt. Devwati) 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 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. (ii) 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 IPC/269 of the B.N.S., 2023. (iii) 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./84 of 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 her, in accordance with law, under Section 174-A IPC/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 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 her in accordance with law. The present applicant shall not leave the country without prior permission of the Court. [Rajesh Singh Chauhan,J.] Order Date :- 23.1.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench