Neutral Citation No. - 2025:AHC:71829 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14985 of 2025 Applicant :- Rekha Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Chandra Shekhar Kushwaha, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Rekha, seeking enlargement on bail during trial in connection with Case Crime No. 403 of 2024, under Sections 85, 80, 238Kha B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Said Nagli, District Amroha. 4. The first information report of the present case was lodged on 30.12.2024 by Sarvesh against the applicant and 03 other persons alleging therein that the marriage of his daughter Suhani @ Nikki was solemnized with Raju around 18 years ago. After marriage the accused persons used to taunt her for less dowry and used to torture her. On 30.12.2024 some unknown person called him and told him that due to non-fulfillment of dowry his daughter has been murdered and the accused persons have cremated the body on 29.12.2024 at about 9 am. He came to the house of his daughter but the accused persons were not there. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Smt. Suhani @ Nikki. She has been falsely implicated in the present case. It is submitted that trial in the present matter is going on in which the first informant Sarvesh was examined as P.W.-1 and Smt. Kusum the mother of the deceased was examined as P.W.-2 and both the witnesses have not supported the prosecution case and have been declared hostile, the copy of the said statements have been placed before the Court which are annexed as Annexures-SA-1 & SA-2 to the supplementary affidavit dated 29.04.2025. The applicant is a lady and is entitled to the benefit of Section 480 B.NS.S. It is argued that Raju the husband of the deceased is in jail as stated in paragraph 27 of the affidavit. The applicant has no criminal history as stated in para 29 and is in jail since 31.12.2024. 6. Per contra, learned counsel for the State has opposed the prayer for bail and argued that the applicant is named in the first information report along with other accused persons and there are allegations against her. 7. After having heard learned counsel for the parties and perusing the record, it is apparent that it is apparent that the applicant is mother-in-law of the deceased. General and omnibus allegations have been levelled against the applicant and other accused persons in the first information report. The husband of the deceased is in jail. 8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 9. Let the applicant- Rekha, 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 which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 84 B.N.S.S., 2023 may be issued and if 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 209 B.N.S., 2023. (v) 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 351 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 and the trial court may proceed against her under Section 269 B.N.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 11. The bail application is allowed. 12. Pending application (s), if any, shall stand disposed of. Order Date :- 6.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad