Neutral Citation No. - 2025:AHC:56171 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2349 of 2025 Applicant :- Basirunisha Alias Basiroon Nisha Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Pandey,Lakshman Tripathi Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. The instant application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.107 of 2024, under Sections 498A, 504 & 304B IPC and 3/4 of Dowry Prohibition Act, Police Station Jaitpura, District Varanasi. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is mother-in-law. She is aged about 62 years. It is further submitted that she is not involved in commission of crime. She was not aware at all about the incident. 3. Learned counsel for the applicant has submitted that earlier the applicant was charged for the offence under Section 306 IPC but after some time, the police has charged for offence under Section 304B IPC. It is submitted that there are no material on the record to satisfy the ingredients for commission of offence under Section 304B IPC. 4. Learned counsel for the applicant has further submitted that allegation of torture and harassment as well as demand of dowry has been levelled against the applicant and her family members, therefore on initial stage Section 306 IPC was indicated against the husband and other family members. 5. Learned counsel for the applicant has submitted that there are no direct evidence on record to connect the applicant in the instant commission of crime. He has referred dying declaration of the victim/deceased at page 25 of the paper book. He has also referred Majeed Bayan as well the statement of the informant wherein no ingredient is made out against the present applicant. The applicant is an old lady and has not committed any offence.She has been falsely implicated in the said case. The implication of the application is nothing but a gross misuse of process of law. 6. On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the bail of the applicant. 7. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application and submitted that there are serious allegation against the applicant and she is not entitled for any leniency by this Court. The instant application is devoid of merits and is liable to be rejected. 8. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 9. Taking into consideration the fact that the allegations are general in nature against all the family members, there are no specific allegation against the mother-in-law/the applicant herein, the statements which were referred by learned counsel for the applicant and the fact that learned AGA could not point out any substantial material available on record to convert under Section 306 IPC to Section 304B IPC and the applicant is old lady and is not keeping well as submitted by learned counsel for the applicant at Bar and she has also given undertaking that she will cooperate with the Investigating Agency in the investigation, I am inclined to grant bail to the applicant. The bail application is allowed. 10. Let the accused-applicant, Basirunisha @ Basiroon Nisha who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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 him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 16.4.2025/Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad