High Court · 2025

informant and Sri Ajay Singh, learned AGA-I for the State and perused the record.

3. Vakalatnama of Sri Yadvesh Yadav, learned counsel for the first informant is not on record.

4. Office to trace out the same and place it on record and make a note in the order sheet about it.

5. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicants Geeta Devi and Mahendra Prasad Singh, seeking enlargement on bail during trial in connection with Case Crime No. 254 of 2024, under Sections 80(2) and 85 B.N.S.S. and Section 3/4 D.P. Act, Police Station Manduvadih, District Varanasi.

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. It is submitted that the applicant no. 1 is the mother-in-law and applicant no. 2 is the father-in-law of the deceased Smt. Soni Singh. It is submitted that the deceased committed suicide and died, which is suggestive from the post mortem examination report wherein the deceased was found to have received ligature mark on her body and the cause of death was opined as asphyxia as a result of hanging. It is further submitted that general and omnibus allegations have been levelled against the applicants. It is further submitted that Chandan Kumar Singh, husband of the deceased is in jail. It is further submitted that the applicant no. 1 is aged about 67 years whereas the applicant no. 2 is aged about 72 years. The copies of the Aadhar card of the applicants have been placed before the Court which are annexure-7 to the affidavit. It is further stated that the applicant no. 1 is a lady and is entitled to benefit of Section 480 B.N.S.S. It is submitted that the applicants have no criminal history as stated in para 19 of the affidavit and are in jail since 13.11.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail. Learned counsel for the first informant submits that even previously there was a dispute between the deceased and her in- laws including the husband in which on a telephonic complaint to the police on 112 number, her husband was challaned under Section 151 Cr.P.C. and even previously, there was a complaint moved against her in laws and the husband which is still pending before the concerned authorities.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are the mother-in-law and father-in-law of the deceased. General and omnibus allegations have been levelled against the applicants. The deceased committed suicide and died. The cause of death is asphyxia as a result of hanging. The husband of deceased Chandan Kumar Singh is in jail.

9. 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 applicants may be enlarged on bail.

10. Let the applicants Geeta Devi and Mahendra Prasad Singh 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 84 B.N.S.S., 2023, may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 B.N.S.S., 2023. (v) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 269 B.N.S.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

11. 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 applicants to prison.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 17.3.2025 Manoj (Samit Gopal,J.) MANOJ KUMAR YADAV High Court of Judicature at Allahabad

informant and Sri Ajay Singh, learned AGA-I for the State and perused the record.

3. Vakalatnama of Sri Yadvesh Yadav, learned counsel for the first informant is not on record.

4. Office to trace out the same and place it on record and make a note in the order sheet about it.

5. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicants Geeta Devi and Mahendra Prasad Singh, seeking enlargement on bail during trial in connection with Case Crime No. 254 of 2024, under Sections 80(2) and 85 B.N.S.S. and Section 3/4 D.P. Act, Police Station Manduvadih, District Varanasi.

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. It is submitted that the applicant no. 1 is the mother-in-law and applicant no. 2 is the father-in-law of the deceased Smt. Soni Singh. It is submitted that the deceased committed suicide and died, which is suggestive from the post mortem examination report wherein the deceased was found to have received ligature mark on her body and the cause of death was opined as asphyxia as a result of hanging. It is further submitted that general and omnibus allegations have been levelled against the applicants. It is further submitted that Chandan Kumar Singh, husband of the deceased is in jail. It is further submitted that the applicant no. 1 is aged about 67 years whereas the applicant no. 2 is aged about 72 years. The copies of the Aadhar card of the applicants have been placed before the Court which are annexure-7 to the affidavit. It is further stated that the applicant no. 1 is a lady and is entitled to benefit of Section 480 B.N.S.S. It is submitted that the applicants have no criminal history as stated in para 19 of the affidavit and are in jail since 13.11.2024.

7. Per contra, learned counsel for the first informant and learned counsel for the State vehemently opposed the prayer for bail. Learned counsel for the first informant submits that even previously there was a dispute between the deceased and her in- laws including the husband in which on a telephonic complaint to the police on 112 number, her husband was challaned under Section 151 Cr.P.C. and even previously, there was a complaint moved against her in laws and the husband which is still pending before the concerned authorities.

8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are the mother-in-law and father-in-law of the deceased. General and omnibus allegations have been levelled against the applicants. The deceased committed suicide and died. The cause of death is asphyxia as a result of hanging. The husband of deceased Chandan Kumar Singh is in jail.

9. 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 applicants may be enlarged on bail.

10. Let the applicants Geeta Devi and Mahendra Prasad Singh 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 84 B.N.S.S., 2023, may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 B.N.S.S., 2023. (v) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 269 B.N.S.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants.

11. 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 applicants to prison.

12. The bail application is allowed.

13. Pending application(s), if any, shall stand disposed of. Order Date :- 17.3.2025 Manoj (Samit Gopal,J.) MANOJ KUMAR YADAV High Court of Judicature at Allahabad