Neutral Citation No. - 2025:AHC:79135 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16210 of 2025 Applicant :- Mala Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pradyumn Kumar Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Pradyumn Kumar, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Mala Devi, seeking enlargement on bail during trial in connection with Case Crime No. 465 of 2024, under Sections 238, 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Karhal, District Mainpuri. 4. The FIR of the matter was lodged on 30.11.2024 by Dayaram Nishad against the applicant and five other persons alleging therein that his daughter Mamta was married to Pawan Kumar Nishad on 07.12.2020. She has a daughter aged about two years and six months. At present she was pregnant for about 6-7 months. On 31.10.2024 his daughter called her brother on mobile on a video and audio call and talked to each other. They discussed about the Deepawali festival at about 09:49 pm. Then in the night they again had talked around 11:35 pm. On the next day, on 01.11.2024 Tilak Ram the son of his brother informed his family members about the incident that Mamta has died. After hearing of it, they tried to call on the mobile but the same was not answered. A girl of the village was living in the same village and then her husband Vipin informed them that Mamta has been cremated and her in-laws have come back home. The accused persons together in the greed of dowry murdered his daughter and have cremated her to destroy the evidence whereas in the marriage he had given Rs. 6 lakh cash and had transferred Rs. 1,50,000/- two times in the bank account of the mother of her husband and had given gifts and jewellery. The accused persons have tortured her and murdered her. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. It is submitted that general and omnibus allegations have been levelled against the applicant and all the accused persons. It is submitted while placing para 23 of the affidavit that the deceased was pregnant about 7 months and she suddenly felt some pain in her stomach after which Pawan Kumar her husband took her to the hospital for treatment but she died on the way. It is submitted that subsequently information about it was given to the family members of the deceased and thereafter with their consent she was cremated. It is submitted that charge sheet in the matter has been submitted on 30.01.2025 against the applicant. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 31.12.2024. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that in the present matter after death was cremated her. It is submitted that there is nothing on record to show that the deceased died a natural death. It is submitted that the applicant is named in the FIR and there are allegations her. It is submitted that the accused persons including the applicant after the death of the deceased cremated her without any information to the family members of the deceased to destroy the evidence. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother-in-law of the deceased. The applicant is named in the FIR and there are allegations against her. The deceased as per own case of the applicant was having pregnancy of about 6-7 months. She died in her matrimonial house within seven years of marriage. There is an allegations of demand of dowry. The deceased was cremated by the accused persons including the applicant and thus her postmortem examination could not be conducted. The death is unnatural and there is nothing on record to show that the deceased died a natural death. No ground is made out. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. Pending application(s), if any, shall stand disposed of. Order Date :- 14.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad