High Court · 2025

2. Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant, Sri M.P. Rai, learned Senior Advocate, assisted by Sri Ashok Kumar Rai, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. Learned A.G.A. submits that he has received instructions in the matter for the he was granted time on 16.4.2025.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Usha Rai, seeking enlargement on bail during trial in connection with Case Crime No. 3 of 2025, under Section(s) 85, 80 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Khejuri, District- Ballia.

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. Neelu Pandey was solemnized with Rakesh Rai the son of the applicant on 13.12.2023. 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 further argued that apart from two ligature mark on the body of the deceased no other bodily injury was found. 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 while placing para-18 of the affidavit that the applicant is an old and infirm woman and is entitled to the benefit of Section 480(1) of BNSS. It is submitted while placing para-11 of the affidavit that investigation has concluded in the matter and a charge sheet has been submitted on 16.3.2025 against the applicant/Usha Rai (mother-in-law), Rakesh Rai(husband), Manu Rai(father-in-law) and exonerated two other named accused being Rajesh Rai and Neetu Rai, copy of the charge sheet has been annexed as annexure no. 6 to the affidavit. It is submitted as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. The applicant is having no criminal history as stated in para-15 and 20 of the affidavit and is in jail since 07.1.2025.

6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail but could not dispute the arguments as aforesaid.

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 is entitled to the benefit of Section 480(1) of BNSS. Apart from two ligature mark on the body of the deceased no other bodily injury was found. Cause of death is asphyxia as a result of ante mortem hanging. Charge sheet in the matter has been submitted against the applicant, deceased's husband and father-in-law whereas two named accused have been exonerated by the police.

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- Usha Rai, 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 :- 21.5.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant, Sri M.P. Rai, learned Senior Advocate, assisted by Sri Ashok Kumar Rai, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record.

3. Learned A.G.A. submits that he has received instructions in the matter for the he was granted time on 16.4.2025.

4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Usha Rai, seeking enlargement on bail during trial in connection with Case Crime No. 3 of 2025, under Section(s) 85, 80 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Khejuri, District- Ballia.

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. Neelu Pandey was solemnized with Rakesh Rai the son of the applicant on 13.12.2023. 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 further argued that apart from two ligature mark on the body of the deceased no other bodily injury was found. 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 while placing para-18 of the affidavit that the applicant is an old and infirm woman and is entitled to the benefit of Section 480(1) of BNSS. It is submitted while placing para-11 of the affidavit that investigation has concluded in the matter and a charge sheet has been submitted on 16.3.2025 against the applicant/Usha Rai (mother-in-law), Rakesh Rai(husband), Manu Rai(father-in-law) and exonerated two other named accused being Rajesh Rai and Neetu Rai, copy of the charge sheet has been annexed as annexure no. 6 to the affidavit. It is submitted as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. The applicant is having no criminal history as stated in para-15 and 20 of the affidavit and is in jail since 07.1.2025.

6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail but could not dispute the arguments as aforesaid.

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 is entitled to the benefit of Section 480(1) of BNSS. Apart from two ligature mark on the body of the deceased no other bodily injury was found. Cause of death is asphyxia as a result of ante mortem hanging. Charge sheet in the matter has been submitted against the applicant, deceased's husband and father-in-law whereas two named accused have been exonerated by the police.

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- Usha Rai, 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 :- 21.5.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad