High Court · 2025

2. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Ramesh Chandra Yadav, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 (1) of BNSS has been filed by the applicant Siyakali, seeking enlargement on bail during trial in connection with Case Crime No.450 of 2024, under Sections 80(2), 85, 92, 351(3) BNS and Section 3/4 D.P. Act, registered at P.S. Rasulabad, District Kanpur Dehat.

4. 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. She old lady aged about 64 years, para 39 of the affidavit filed in support of bail application has been placed before the Court. (iii) The marriage of the deceased Rubi Yadav was solemnized with Anand Kumar, the son of the applicant on 28.2.2019. (iv) General and omnibus allegations have been levelled against the applicant. (v) As per postmortem examination report the cause of death is asphyxia as a result of ante-mortem hanging and one abrasion and one abraded contusion was found on the body of the deceased but the same did not contribute to death. (vi) Anand Kumar, the husband of the deceased is in jail. (vii) While placing para 50 of the affidavit filed in support of bail application, it has been argued that charges in the matter have been framed on 18.2.2025 by the trial court concerned and as such it is evident that investigation in the matter has concluded and there are no chances of the applicant tampering with evidence. There is a small video clip alleged to have been recorded by the deceased soon before her death in which she stated that her mother-in-law, father-in-law and husband are responsible for her death but the same is vague inasmuch as there is no description as to how the said persons are responsible. (viii) The deceased and her husband were leading a happy married life as is evident from the fact that from the wedlock a child was born who is aged about 4 years. (ix) The applicant has no criminal history as stated in para 47 and is in jail since 20.12.2022. (x) The applicant is a lady and she is entitled to the benefit of Section 480 BNSS.

5. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the deceased was having pregnancy of about 14 weeks as is apparent from the postmortem examination report.

6. 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 is asphyxia as a result of ante- mortem hanging. The husband of the deceased is in jail. The applicant is a lady aged about 64 years.

7. 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.

8. Let the applicant Siyakali, 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.

9. 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.

10. The bail application is allowed.

11. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 8.4.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad

2. Heard Sri Rakesh Dubey, learned counsel for the applicant, Sri Ramesh Chandra Yadav, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 (1) of BNSS has been filed by the applicant Siyakali, seeking enlargement on bail during trial in connection with Case Crime No.450 of 2024, under Sections 80(2), 85, 92, 351(3) BNS and Section 3/4 D.P. Act, registered at P.S. Rasulabad, District Kanpur Dehat.

4. 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. She old lady aged about 64 years, para 39 of the affidavit filed in support of bail application has been placed before the Court. (iii) The marriage of the deceased Rubi Yadav was solemnized with Anand Kumar, the son of the applicant on 28.2.2019. (iv) General and omnibus allegations have been levelled against the applicant. (v) As per postmortem examination report the cause of death is asphyxia as a result of ante-mortem hanging and one abrasion and one abraded contusion was found on the body of the deceased but the same did not contribute to death. (vi) Anand Kumar, the husband of the deceased is in jail. (vii) While placing para 50 of the affidavit filed in support of bail application, it has been argued that charges in the matter have been framed on 18.2.2025 by the trial court concerned and as such it is evident that investigation in the matter has concluded and there are no chances of the applicant tampering with evidence. There is a small video clip alleged to have been recorded by the deceased soon before her death in which she stated that her mother-in-law, father-in-law and husband are responsible for her death but the same is vague inasmuch as there is no description as to how the said persons are responsible. (viii) The deceased and her husband were leading a happy married life as is evident from the fact that from the wedlock a child was born who is aged about 4 years. (ix) The applicant has no criminal history as stated in para 47 and is in jail since 20.12.2022. (x) The applicant is a lady and she is entitled to the benefit of Section 480 BNSS.

5. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the deceased was having pregnancy of about 14 weeks as is apparent from the postmortem examination report.

6. 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 is asphyxia as a result of ante- mortem hanging. The husband of the deceased is in jail. The applicant is a lady aged about 64 years.

7. 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.

8. Let the applicant Siyakali, 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.

9. 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.

10. The bail application is allowed.

11. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 8.4.2025 Gaurav Kuls GAURAV KULSHRESTHA High Court of Judicature at Allahabad