Neutral Citation No. - 2025:AHC:31824 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30439 of 2024 Applicant :- Smt Mamta Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2. The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 67 of 2024, under Sections 304-B, 498-A of I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Banpur, District Lalitpur, during the pendency of trial. 3. As per the prosecution case, in brief, the complainant-Narayan, who is father of the deceased Ramkumari lodged a first information report on 26.03.2024 for the offence under Sections 498-A, 304B I.P.C. and Section 3/4 Dowry Prohibition Act against Satyabhan and Smt. Mamta, who are husband and mother-in-law of the deceased respectively making allegations inter alia of harassment and torture of his daughter in her matrimonial home by the accused persons. On account of her harassment, she committed suicide. 4. Main substratum of argument of learned counsel for the applicant is that the complainant-Narayan and Munni Prajapati, who are father and mother of the deceased, have been examined before the trial court as PW-1 and PW-2 on 10.10.2024 and 25.11.2024, but they have not supported the prosecution case, therefore, they have been declared hostile, hence, there is bleak chance of conviction of the applicant who is languishing in jail since 27.03.2023 having no criminal history to her credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that F.I.R. was lodged on 26.03.2024 and statements of prosecution witnesses have been recorded on 10.10.2024 and 25.11.2024 respectively after a considerable delay, therefore, possibility of winning over the prosecution witnesses from the side of accused cannot be ruled out. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find substance in the submission of learned counsel for the applicant that the complainant (father of the deceased) and mother of the deceased have not supported the prosecution case when they were examined before the trial court, therefore, in the light of statements of PW-1 and PW-2, the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. 7. Let the applicant-Smt Mamta, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 8. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. 9. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. Order Date :- 5.3.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad