Neutral Citation No. - 2025:AHC-LKO:3129 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12857 of 2024 Applicant :- Kusam Lata Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Shivendra S Singh Rathore,Bhavesh Chandel Counsel for Opposite Party :- G.A.,Anurag Trivedi,Puneet Saxena,Sanjeev Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Shivendra Shivam Singh Rathore, learned counsel for the applicant, Sri Arun Kumar Verma, learned A.G.A. for the State and Sri Puneet Saxena, learned counsel for the informant/ complainant. 2. Learned AGA and learned counsel for the informant/ complainant have filed counter affidavits, the same are taken on record. Learned counsel for the applicant has filed rejoinder affidavit, the same is also taken on record. 3. As per learned counsel for the applicant, the present applicant is in jail since 05.07.2024 in FIR/Case Crime No.325 of 2024, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station – Kotwali Ayodhya, District – Ayodhya. 4. Learned counsel for the applicant has submitted that the present applicant, who is mother-in-law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicant, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicant had nothing to do with the family affairs of her son as she has been separately living from his son and her daughter-in- law. Her relations with her daughter-in-law were cordial and she never demanded any dowry from her or her family members. Learned counsel for the applicant has further submitted that cause of death is hanging and there is no ante- mortem injury on the body of the victim (since deceased) except ligature mark, which might have been caused on account of hanging. 5. Further submission is that co-accused Tripuresh Awasti alias Tripuresh Kumar (father-in-law of the deceased), having similar role, has been granted bail by this Court vide order dated 13.12.2024 passed in Criminal Misc. Bail Application No.12592 of 2024, therefore, on the basis of principles of parity, the present applicant may be enlarged on bail. Learned counsel has further stated that the applicant undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C. 6. Learned A.G.A. has, however, opposed the prayer for bail but he could not dispute the aforesaid submissions of learned counsel for the applicant. 7. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicant is mother-in-law of the deceased, no specific allegation has been levelled against her; cause of death is hanging; there is no ante- mortem injury on the body of the victim (since deceased) except ligature mark which might have been caused due to hanging; co-accused Tripuresh Awasti alias Tripuresh Kumar (father-in-law of the deceased), having similar role, has been granted bail by this Court; the applicant being lady may be given the benefit of Section 437 Cr.P.C. and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail. 8. Accordingly, the bail application is allowed. 9. Let applicant- Kusam Lata 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 of the Indian Penal Code. (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. 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 Penal Code. (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. 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 India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 17.1.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench