High Court · 2025

2. Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant, Sri M.J. Akhtar, Advocate, holding Sri Yakub Ali, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Despite name of Sri Sri Yakub Ali, being printed in the cause list, there is no vakalatnama on the record. Sri M.J. Akhtar states that vakalatnama of Sri Yakub Ali has been filed in the office on 29.4.2025. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Hafizun Nisa, seeking enlargement on bail during trial in connection with Case Crime No. 374 of 2024, under Sections 80/85 of B.N.S. and Section 3/4 of D.P. Act, registered at P.S.- Khadda, District- Kushinagar.

5. Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. It is argued that marriage of the deceased/Smt. Aisha Khatoon was solemnized with Sarfaraz the son of the applicant on 09.5.2024. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued while placing para-19 of the affidavit that actually the deceased was alone in home and she was cooking food on gas stove and accidentally she caught fire and sustained burn injuries after which she was taken to hospital and admitted by her Jeth/Meharban Ali where she was under treatment and she died on 18.10.2024 at 03:30 hours. It is argued that no dying declaration or the statement of the victim was recorded during investigation. It is argued that the cause of death as opined by the doctor is septic shock due to ante mortem burn injury. It is further argued that the deceased was found to have received superficial to deep septic burn all over the body. It is argued that the husband of the deceased has been arrested and is in jail. It is argued that the applicant has been made accused in the present case because of she being a family member of the husband of the deceased. It is further argued that is aged about 65 years and being a lady, she is entitled to the benefit of Section 480 BNSS. The applicant is having no criminal history as stated in para- 26 of the affidavit and is in jail since 29.11.2024.

6. Per contra, learned AGA and learned counsel for the first informant have opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is mother-in-law of the deceased. The applicant is a lady and such she is entitled to the benefit of Section 480 BNSS. Cause of death is septic shock due to ante mortem burn injury. No dying declaration or the statement of the victim was recorded during investigation. The husband of the deceased is in jail.

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- Hafizun Nisa, 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 her 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, 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 in accordance with law and the trial court may proceed against her 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. (Samit Gopal,J.) Order Date :- 6.5.2025 Naresh NARESH KUMAR NARESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant, Sri M.J. Akhtar, Advocate, holding Sri Yakub Ali, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Despite name of Sri Sri Yakub Ali, being printed in the cause list, there is no vakalatnama on the record. Sri M.J. Akhtar states that vakalatnama of Sri Yakub Ali has been filed in the office on 29.4.2025. Office to trace it out and place it on the record and make a note about it in the order sheet.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Hafizun Nisa, seeking enlargement on bail during trial in connection with Case Crime No. 374 of 2024, under Sections 80/85 of B.N.S. and Section 3/4 of D.P. Act, registered at P.S.- Khadda, District- Kushinagar.

5. Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. It is argued that marriage of the deceased/Smt. Aisha Khatoon was solemnized with Sarfaraz the son of the applicant on 09.5.2024. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued while placing para-19 of the affidavit that actually the deceased was alone in home and she was cooking food on gas stove and accidentally she caught fire and sustained burn injuries after which she was taken to hospital and admitted by her Jeth/Meharban Ali where she was under treatment and she died on 18.10.2024 at 03:30 hours. It is argued that no dying declaration or the statement of the victim was recorded during investigation. It is argued that the cause of death as opined by the doctor is septic shock due to ante mortem burn injury. It is further argued that the deceased was found to have received superficial to deep septic burn all over the body. It is argued that the husband of the deceased has been arrested and is in jail. It is argued that the applicant has been made accused in the present case because of she being a family member of the husband of the deceased. It is further argued that is aged about 65 years and being a lady, she is entitled to the benefit of Section 480 BNSS. The applicant is having no criminal history as stated in para- 26 of the affidavit and is in jail since 29.11.2024.

6. Per contra, learned AGA and learned counsel for the first informant have opposed the prayer for bail.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is mother-in-law of the deceased. The applicant is a lady and such she is entitled to the benefit of Section 480 BNSS. Cause of death is septic shock due to ante mortem burn injury. No dying declaration or the statement of the victim was recorded during investigation. The husband of the deceased is in jail.

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- Hafizun Nisa, 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 her 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, 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 in accordance with law and the trial court may proceed against her 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. (Samit Gopal,J.) Order Date :- 6.5.2025 Naresh NARESH KUMAR NARESH KUMAR High Court of Judicature at Allahabad High Court of Judicature at Allahabad