Neutral Citation No. - 2025:AHC-LKO:6592 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12519 of 2024 Applicant :- Smt. Rajni Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Brijesh Kumar Yadav,Archana Yadav Counsel for Opposite Party :- G.A.,Suyesh Pradhan Hon'ble Rajesh Singh Chauhan,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 applicante is languishing in jail since 09.10.2024 in Case Crime No.65 of 2024, under Sections 85, 80, 115(2), 352, 351(2)(3) BNS and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Sitapur. 3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story. 4. Learned counsel for the applicant has submitted that no specific role has been attributed to 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. So as to implicate the entire family, the present applicant, who is mother-in-law, has been implicated in this case. The cause of death of the victim/deceased could not be ascertained. Viscera was preserved and after examination of viscera, poisonous content was found. The present applicant is having no previous criminal history. 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 BNSS. 5. Per contra, learned A.G.A. 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. 6. Therefore, 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. and other material available on record, the fact that no specific role has been attributed to the present applicant; The cause of death of the victim/ deceased could not be ascertained. Viscera was preserved and after examination of viscera, poisonous content was found. The present applicant is having no previous criminal history; the applicant has no prior criminal history of any kind whatsoever and the undertaking of the present applicant that she shall co-operate in the trial proceedings properly, the fact that she being a lady she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the present applicant- Smt. Rajni Devi be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with 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. (v) The applicant shall not leave the country without prior permission of the Court. 9. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and no specific role has been attributed to the present applicant and she being a lady is given the benefit of Section 480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. (Rajesh Singh Chauhan,J.) Order Date :- 27.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench