High Court · 2025

2. Heard Sri Bharat Singh, learned counsel for the applicant and Sri Birdndra Pratap Singh, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Meenu seeking enlargement on bail during trial in connection with Case Crime No. 252 of 2024, under Sections 306 I.P.C., Police Station Bilsi, District Budaun.

4. The first information report of the present matter was lodged on 19.06.2024 by Vinod on the basis of an application moved under Section 156(3) Cr.P.C. against the applicant alleging therein that the applicant is a clever woman, who used to entangle young boys in her acts and used to extort them in which she entangled the deceased Sumit Kumar and demanded Rs.50,000/- or else, she would implicate in false cases. The deceased was disturbed and committed suicide.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the present first information report has been lodged on the basis of an application under Section 156(3) Cr.P.C. which was giving for the first time on 09.05.2024 which is after about two months from the date of the alleged incident, since the deceased had committed suicide on 28.02.2024. It is submitted that there is no plausible explanation regarding the delay in moving the application under Section 156(3) C.P.C., paragraph 30 of the affidavit has been placed before this Court. It is further submitted that the deceased committed suicide and died. It is argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further submitted that the investigation in the matter has been concluded and a charge sheet dated 31.01.2025 has been submitted against the applicant, paragraph no. 31 of the affidavit has been placed before this Court. It is further submitted that the applicant is a lady and is entitled to get benefit of Section 480 B.N.S.S. The applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 28.01.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the deceased committed suicide and died. The applicant is a lady. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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- Meenu 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 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 his presence proclamation under section 82 Cr.P.C., 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, in accordance with law, under section 174-A I.P.C. (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 313 Cr.P.C. 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 in accordance with law and the trial court may proceed against her under Section 229-A IPC. (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. (Samit Gopal,J.) Order Date :- 11.4.2025 Manoj MANOJ KUMAR YADAV High Court of Judicature at Allahabad

2. Heard Sri Bharat Singh, learned counsel for the applicant and Sri Birdndra Pratap Singh, learned counsel for the State and perused the material on records.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Meenu seeking enlargement on bail during trial in connection with Case Crime No. 252 of 2024, under Sections 306 I.P.C., Police Station Bilsi, District Budaun.

4. The first information report of the present matter was lodged on 19.06.2024 by Vinod on the basis of an application moved under Section 156(3) Cr.P.C. against the applicant alleging therein that the applicant is a clever woman, who used to entangle young boys in her acts and used to extort them in which she entangled the deceased Sumit Kumar and demanded Rs.50,000/- or else, she would implicate in false cases. The deceased was disturbed and committed suicide.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the present first information report has been lodged on the basis of an application under Section 156(3) Cr.P.C. which was giving for the first time on 09.05.2024 which is after about two months from the date of the alleged incident, since the deceased had committed suicide on 28.02.2024. It is submitted that there is no plausible explanation regarding the delay in moving the application under Section 156(3) C.P.C., paragraph 30 of the affidavit has been placed before this Court. It is further submitted that the deceased committed suicide and died. It is argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is further submitted that the investigation in the matter has been concluded and a charge sheet dated 31.01.2025 has been submitted against the applicant, paragraph no. 31 of the affidavit has been placed before this Court. It is further submitted that the applicant is a lady and is entitled to get benefit of Section 480 B.N.S.S. The applicant has no criminal history as stated in para 35 of the affidavit and is in jail since 28.01.2025.

6. Per contra, learned counsel for the State opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the deceased committed suicide and died. The applicant is a lady. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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- Meenu 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 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 his presence proclamation under section 82 Cr.P.C., 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, in accordance with law, under section 174-A I.P.C. (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 313 Cr.P.C. 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 in accordance with law and the trial court may proceed against her under Section 229-A IPC. (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. (Samit Gopal,J.) Order Date :- 11.4.2025 Manoj MANOJ KUMAR YADAV High Court of Judicature at Allahabad