High Court · 2025

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12216 of 2025 Applicant :- Smt. Krishna Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Arun Srivastav,Vishal Srivastava Counsel for Opposite Party :- G.A.,Perdeep Kumar Vishnoi Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Dr. Arun Srivastav, learned counsel for the applicant, Sri Pradeep Kumar Vishnoi, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Smt. Krishna Devi, seeking enlargement on bail during trial in connection with Case Crime No. 790 of 2024, under Sections 85 & 80(2) Bhartiya Nyan Sanhita (B.N.S.) and 3/4 Dowry Prohibition Act, registered at P.S. Subhash Nagar, District- Bareilly.

4. 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. Shivani was solemnized with Arvind the son of the applicant on 29.5.2023. It is argued that while placing para-8 of the affidavit that son of the applicant and the deceased fell in love with each other, therefore, they solemnized love marriage without the consideration of dowry on 21.11.2023. They executed an agreement on 21.3.2023 and therefore both were socially married on 27.5.2023, copy of the agreement to marry is annexed as annexure no. 2 to the affidavit. Further while placing para-9 of the affidavit it is submitted that soon after marriage the deceased started to make quarrel with her husband and applicant. Therefore one application was given on 20.09.2023(one year before the incident) to the District Magistrate by her. She has also broken every relation from the deceased. A notice was also published to this regard in "Dainik Jagran" Bareilly on 20.09.2023, copy of news cutting is annexure no. 3 to the affidavit. Learned counsel has placed para-10 of the affidavit and has submitted that since 20.09.2023 the applicant started to live separately with husband from the deceased. There are four rooms in her house. She given two rooms to her and two rooms were repair by applicant for her use. She was having no concerned with the deceased. It is submitted further while placing para-11 of the affidavit that the deceased made a quarrel with her husband, therefore, she lodged an F.I.R. as Case Crime No. 355 of 2023, under Sections 498A, 307, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, subsequently a compromise was executed between husband and wife on 16.5.2024, a copy of the said compromise dated 16.5.2024 is annexed as annexure no. 4 to the affidavit. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. 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 being a lady, she is entitled to the benefit of Section 480 BNSS. It is submitted that the applicant is aged about 58 years and is suffering from Cardiac disease, para-16 of the affidavit has been placed for the same. The applicant is in jail since 29.1.2025.

5. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail.

6. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is mother-in-law of the deceased. Marriage between the applicant's son and the deceased was love marriage. She along with her husband was living separately from the deceased and her husband. General and omnibus allegations have been levelled against all the accused persons including the applicant. Cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. The applicant is a lady and is entitled to the benefit of Section 480 BNSS.

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- Smt. Krishna Devi, 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.

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.) NARESH KUMAR High Court of Judicature at Allahabad Order Date :- 20.5.2025/Naresh

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12216 of 2025 Applicant :- Smt. Krishna Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dr. Arun Srivastav,Vishal Srivastava Counsel for Opposite Party :- G.A.,Perdeep Kumar Vishnoi Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Dr. Arun Srivastav, learned counsel for the applicant, Sri Pradeep Kumar Vishnoi, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Smt. Krishna Devi, seeking enlargement on bail during trial in connection with Case Crime No. 790 of 2024, under Sections 85 & 80(2) Bhartiya Nyan Sanhita (B.N.S.) and 3/4 Dowry Prohibition Act, registered at P.S. Subhash Nagar, District- Bareilly.

4. 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. Shivani was solemnized with Arvind the son of the applicant on 29.5.2023. It is argued that while placing para-8 of the affidavit that son of the applicant and the deceased fell in love with each other, therefore, they solemnized love marriage without the consideration of dowry on 21.11.2023. They executed an agreement on 21.3.2023 and therefore both were socially married on 27.5.2023, copy of the agreement to marry is annexed as annexure no. 2 to the affidavit. Further while placing para-9 of the affidavit it is submitted that soon after marriage the deceased started to make quarrel with her husband and applicant. Therefore one application was given on 20.09.2023(one year before the incident) to the District Magistrate by her. She has also broken every relation from the deceased. A notice was also published to this regard in "Dainik Jagran" Bareilly on 20.09.2023, copy of news cutting is annexure no. 3 to the affidavit. Learned counsel has placed para-10 of the affidavit and has submitted that since 20.09.2023 the applicant started to live separately with husband from the deceased. There are four rooms in her house. She given two rooms to her and two rooms were repair by applicant for her use. She was having no concerned with the deceased. It is submitted further while placing para-11 of the affidavit that the deceased made a quarrel with her husband, therefore, she lodged an F.I.R. as Case Crime No. 355 of 2023, under Sections 498A, 307, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, subsequently a compromise was executed between husband and wife on 16.5.2024, a copy of the said compromise dated 16.5.2024 is annexed as annexure no. 4 to the affidavit. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. 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 being a lady, she is entitled to the benefit of Section 480 BNSS. It is submitted that the applicant is aged about 58 years and is suffering from Cardiac disease, para-16 of the affidavit has been placed for the same. The applicant is in jail since 29.1.2025.

5. Per contra, learned State counsel and learned counsel for the first informant opposed the prayer for bail.

6. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is mother-in-law of the deceased. Marriage between the applicant's son and the deceased was love marriage. She along with her husband was living separately from the deceased and her husband. General and omnibus allegations have been levelled against all the accused persons including the applicant. Cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. The applicant is a lady and is entitled to the benefit of Section 480 BNSS.

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- Smt. Krishna Devi, 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.

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.) NARESH KUMAR High Court of Judicature at Allahabad Order Date :- 20.5.2025/Naresh