Khushnuma v. State of U.P.)

2. Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant Shameem, seeking enlargement on bail during trial in connection with Case Crime No. 420 of 2024, under Sections 80(2), 85, 238(B), 3(5) BNS and Section 3/4 D.P. Act, registered at P.S. Phase-2 Noida, District Gautam Budh Nagar.

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 father-in-law of the deceased Vandana. (iii) The marriage of the deceased Vandana was solemnized with Aman son of the applicant about 1½ years ago. (iv) General and omnibus allegations have been levelled against the applicant. (v) The postmortem examination report does not show any mark of injury externally on the body of the deceased and the cause of death could not be ascertained and thus viscera was preserved. (vi) Aman the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 14.09.2024. (viii) Co-accused Khushnuma the mother-in-law of the deceased has been granted bail by this Court today i.e. 22.04.2025 passed in Crl. Misc. Bail Application No. 9819 of 2025 (Khushnuma Vs. State of U.P.).

5. Per contra, learned counsel for the State vehemently opposed the prayer for bail but could not dispute the fact that the said co- accused has been granted bail by this Court today.

6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased. Co-accused Khushnuma the mother-in-law of the deceased has been granted bail by this Court today i.e. 22.04.2025 passed in Crl. Misc. Bail Application No. 9819 of 2025 (Khushnuma Vs. State of U.P.), the said order reads as under: "1. List revised.

2. Affidavit of compliance dated 18.04.2025 on behalf of the State has been filed today in Court which is taken on record.

3. Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, 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 Khushnuma, seeking enlargement on bail during trial in connection with Case Crime No. 420 of 2024, under Sections 80(2), 85, 238(B), 3(5) BNS and Section 3/4 D.P. Act, registered at P.S. Phase- 2 Noida, District Gautam Budh Nagar.

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 Aman son of the applicant about 1½ years ago. (iv) General and omnibus allegations have been levelled against the applicant. (v) The postmortem examination report does not show any mark of injury externally on the body of the deceased and the cause of death could not be ascertained and thus viscera was preserved. The viscera report does not find any chemical poison in it. (vi) Aman the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 14.09.2024. (viii) The applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C./480 BNSS.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail. He submits that the report of the viscera is annexed as annexure C.A. 1 to the said compliance affidavit and perusal of the same would go to show that the viscera as examined was not found to contain any chemical poison in it.

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. The viscera report does not find any chemical poison in it. The death is a natural death. Aman the husband of the deceased is in jail. The applicant is a lady.

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 Khushnuma, 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."

7. The cause of death could not be ascertained and the viscera was preserved. The viscera report does not find any chemical poison in it. Aman 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 Shameem, 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 :- 22.4.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad

2. Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 BNSS has been filed by the applicant Shameem, seeking enlargement on bail during trial in connection with Case Crime No. 420 of 2024, under Sections 80(2), 85, 238(B), 3(5) BNS and Section 3/4 D.P. Act, registered at P.S. Phase-2 Noida, District Gautam Budh Nagar.

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 father-in-law of the deceased Vandana. (iii) The marriage of the deceased Vandana was solemnized with Aman son of the applicant about 1½ years ago. (iv) General and omnibus allegations have been levelled against the applicant. (v) The postmortem examination report does not show any mark of injury externally on the body of the deceased and the cause of death could not be ascertained and thus viscera was preserved. (vi) Aman the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 14.09.2024. (viii) Co-accused Khushnuma the mother-in-law of the deceased has been granted bail by this Court today i.e. 22.04.2025 passed in Crl. Misc. Bail Application No. 9819 of 2025 (Khushnuma Vs. State of U.P.).

5. Per contra, learned counsel for the State vehemently opposed the prayer for bail but could not dispute the fact that the said co- accused has been granted bail by this Court today.

6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the father-in-law of the deceased. Co-accused Khushnuma the mother-in-law of the deceased has been granted bail by this Court today i.e. 22.04.2025 passed in Crl. Misc. Bail Application No. 9819 of 2025 (Khushnuma Vs. State of U.P.), the said order reads as under: "1. List revised.

2. Affidavit of compliance dated 18.04.2025 on behalf of the State has been filed today in Court which is taken on record.

3. Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, 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 Khushnuma, seeking enlargement on bail during trial in connection with Case Crime No. 420 of 2024, under Sections 80(2), 85, 238(B), 3(5) BNS and Section 3/4 D.P. Act, registered at P.S. Phase- 2 Noida, District Gautam Budh Nagar.

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 Aman son of the applicant about 1½ years ago. (iv) General and omnibus allegations have been levelled against the applicant. (v) The postmortem examination report does not show any mark of injury externally on the body of the deceased and the cause of death could not be ascertained and thus viscera was preserved. The viscera report does not find any chemical poison in it. (vi) Aman the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 25 of the affidavit and is in jail since 14.09.2024. (viii) The applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C./480 BNSS.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail. He submits that the report of the viscera is annexed as annexure C.A. 1 to the said compliance affidavit and perusal of the same would go to show that the viscera as examined was not found to contain any chemical poison in it.

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. The viscera report does not find any chemical poison in it. The death is a natural death. Aman the husband of the deceased is in jail. The applicant is a lady.

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 Khushnuma, 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."

7. The cause of death could not be ascertained and the viscera was preserved. The viscera report does not find any chemical poison in it. Aman 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 Shameem, 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 :- 22.4.2025 M. ARIF (Samit Gopal, J.) MOHAMMAD ARIF High Court of Judicature at Allahabad