The court granted bail to the mother-in-law of a deceased woman in a dowry death case, noting the general nature of allegations, the husband's incarceration, and the absence of evidence suggesting tampering with evidence.
Bail granted to the applicant pending trial, subject to personal bond and sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC:49686
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9887 of 2025 Applicant :- Smt. Laungshri Alias Kamla Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
(i) The applicant has been falsely implicated in the present case.
(ii) The applicant is the mother-in-law of the deceased Pravesh Kumari.
(iii) The marriage of the deceased Pravesh Kumari was solemnized with the son of the applicant on 13.5.2019.
(iv) General and omnibus allegations have been levelled against the applicant.
(v) As per postmortem examination report, the deceased was found to have received single ligature mark on her body and the cause of death is asphyxia as a result of ante-mortem hanging.
(vi) Shriniwas, the husband of the deceased is in jail.
(vii) The deceased and her husband were leading a happy married life as is evident from the fact that from the wedlock four children were born.
(viii) The applicant has no criminal history as stated in para 29 and is in jail since 10.11.2024.
(ix) The applicant is a lady and she is entitled to the benefit of 480 BNSS.
the deceased. The cause of death is asphyxia as a result of antemortem hanging. The husband of the deceased is in jail. The applicant is a lady.
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/he 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/him presence proclamation under section 84 BNSS, 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/him, in accordance with law, under section 209 BNS, 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 BNSS, 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/him in accordance with law and the trial court may proceed against her/him under Section 269 BNS, 2023.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
(Samit Gopal, J.)
Order Date :- 7.4.2025 Gaurav Kuls
Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a dowry death case under BNS and DP Act?
8 provisions across 3 enactments
Smt. Laungshri Alias Kamla
State of U.P.
Samit Gopal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
