Srikant Singh v. State of U.P.), copy of the order is annexed as annexure

2. Sri S.K. Pandey, Advocate appears on behalf of the first informant and files his vakalatnama today in Court which is taken on record.

3. Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri S.K. Pandey, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

4. This bail application under Section 483 BNSS has been filed by the applicant Indu Devi, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Birno, District Ghazipur.

5. Learned counsel for the applicant argued as follows: (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the mother-in-law of the deceased Vandana. (iii) The marriage of the deceased Vandana was solemnized with Vikas Singh son of the applicant on 28.05.2023. (iv) General and omnibus allegations have been levelled against the applicant. (v) The postmortem examination report shows that she has not received any bodily injury and as such the viscera was preserved. (vi) Vikas Singh the husband of the deceased is in jail, para 15 of the affidavit has been placed before the Court. (vii) The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 15.01.2025. (viii) The investigation has concluded and charge sheet has been submitted and as such there are no chances of the applicant tampering with evidence, para 18 of the affidavit has been placed before the Court. (ix) While placing para 17 of the affidavit, the applicant does not reside with the deceased and her husband. She lives in Lucknow where her husband is a security guard in an auto showroom. (x) Co-accused Srikant Singh the father-in-law of the deceased has been granted bail by this Court vide order dated 24.03.2025 passed in Crl. Misc. Bail Application No. 9794 of 2025 (Srikant Singh Vs. State of U.P.), copy of the order is annexed as annexure 7 to the affidavit.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against her. Learned counsel for the State further submits that the viscera report has been received in which organo chloro insecticide poison was found in it but could not dispute the fact that the said co- accused Srikant Singh the father-in-law of the deceased has been granted bail.

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 cause of death could not be ascertained and the viscera was preserved but the State submits that organo chloro poison was found in it. Vikas Singh the husband of the deceased is in jail. Investigation has concluded and charge sheet has been submitted against the applicant. Co-accused Srikant Singh the father-in-law of the deceased has been granted bail by this Court.

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 Indu Devi, 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/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.

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 :- 8.4.2025/M. ARIF (Samit Gopal, J.)

2. Sri S.K. Pandey, Advocate appears on behalf of the first informant and files his vakalatnama today in Court which is taken on record.

3. Heard Sri Pulak Ganguly, learned counsel for the applicant, Sri S.K. Pandey, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

4. This bail application under Section 483 BNSS has been filed by the applicant Indu Devi, seeking enlargement on bail during trial in connection with Case Crime No. 172 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Birno, District Ghazipur.

5. Learned counsel for the applicant argued as follows: (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the mother-in-law of the deceased Vandana. (iii) The marriage of the deceased Vandana was solemnized with Vikas Singh son of the applicant on 28.05.2023. (iv) General and omnibus allegations have been levelled against the applicant. (v) The postmortem examination report shows that she has not received any bodily injury and as such the viscera was preserved. (vi) Vikas Singh the husband of the deceased is in jail, para 15 of the affidavit has been placed before the Court. (vii) The applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 15.01.2025. (viii) The investigation has concluded and charge sheet has been submitted and as such there are no chances of the applicant tampering with evidence, para 18 of the affidavit has been placed before the Court. (ix) While placing para 17 of the affidavit, the applicant does not reside with the deceased and her husband. She lives in Lucknow where her husband is a security guard in an auto showroom. (x) Co-accused Srikant Singh the father-in-law of the deceased has been granted bail by this Court vide order dated 24.03.2025 passed in Crl. Misc. Bail Application No. 9794 of 2025 (Srikant Singh Vs. State of U.P.), copy of the order is annexed as annexure 7 to the affidavit.

6. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the FIR and there are allegations against her. Learned counsel for the State further submits that the viscera report has been received in which organo chloro insecticide poison was found in it but could not dispute the fact that the said co- accused Srikant Singh the father-in-law of the deceased has been granted bail.

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 cause of death could not be ascertained and the viscera was preserved but the State submits that organo chloro poison was found in it. Vikas Singh the husband of the deceased is in jail. Investigation has concluded and charge sheet has been submitted against the applicant. Co-accused Srikant Singh the father-in-law of the deceased has been granted bail by this Court.

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 Indu Devi, 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/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.

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 :- 8.4.2025/M. ARIF (Samit Gopal, J.)