High Court · 2025

2. Heard Sri Anuj Bajpai, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Parwati @ Ramlali, seeking enlargement on bail during trial in connection with Case Crime No. 0818 of 2024, under Sections 108 B.N.S., Police Station Powyan, District Shahjahanpur.

4. The first information report of the present case was lodged on 29.11.2024 at 14:15 hours alleging therein that Amit was married around six years back with Sarita. They had two daughters. Sarita had given birth to a child around 1 1/2 months earlier after which she was in the house of the informant. On the next day in the morning despite stopping her she went to her maternal house with her parents. Amit the son of the informant came back from Patna, Bihar on 06.11.2024. On 28.11.2024 at about 5 pm Sarita was to be sent after vidai but his mother-in-law, father-in-law and Arvind (brother-in-law / sala) refused it since Amit had demanded money of the sale of motorcycle. The motorcycle was sold by Arvind the brother- in-law / sala of Amit who without informing him had spent the money. Amit asked for the money since he had to settle the account of loan. Police was informed about it who came there. Arvind and his parents and the wife of Amit had assaulted him due to which he received injuries in his legs. After enquiry the police went back. These facts were of common discussion in the locality. He then on 29.11.2024 at about 6 pm received information that the dead body of Amit is hanging from a mango tree in the field. He went there and found the body of Amit hanging from the tree. The accused persons in conspiracy have compelled Amit due to which he committed suicide.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the mother-in-law of the deceased Amit. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is submitted that there is no credible evidence against the applicant. It is submitted that co-accused Sarita the wife of the deceased has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 06.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 B.N.S.S. No. 3287 of 2025, the copy of the said order is annexed as Annexure-2 to the supplementary affidavit dated 07.05.2025. The applicant is a lady and is entitled to the benefit of Section 480 B.NS.S. The applicant has no criminal history as stated in para 22 and is in jail since 04.12.2024.

6. Per contra, learned counsel for the State has opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is apparent that the applicant is the mother-in-law of the deceased Amit. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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- Parwati @ Ramlali, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 23.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

2. Heard Sri Anuj Bajpai, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Parwati @ Ramlali, seeking enlargement on bail during trial in connection with Case Crime No. 0818 of 2024, under Sections 108 B.N.S., Police Station Powyan, District Shahjahanpur.

4. The first information report of the present case was lodged on 29.11.2024 at 14:15 hours alleging therein that Amit was married around six years back with Sarita. They had two daughters. Sarita had given birth to a child around 1 1/2 months earlier after which she was in the house of the informant. On the next day in the morning despite stopping her she went to her maternal house with her parents. Amit the son of the informant came back from Patna, Bihar on 06.11.2024. On 28.11.2024 at about 5 pm Sarita was to be sent after vidai but his mother-in-law, father-in-law and Arvind (brother-in-law / sala) refused it since Amit had demanded money of the sale of motorcycle. The motorcycle was sold by Arvind the brother- in-law / sala of Amit who without informing him had spent the money. Amit asked for the money since he had to settle the account of loan. Police was informed about it who came there. Arvind and his parents and the wife of Amit had assaulted him due to which he received injuries in his legs. After enquiry the police went back. These facts were of common discussion in the locality. He then on 29.11.2024 at about 6 pm received information that the dead body of Amit is hanging from a mango tree in the field. He went there and found the body of Amit hanging from the tree. The accused persons in conspiracy have compelled Amit due to which he committed suicide.

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the mother-in-law of the deceased Amit. It is submitted that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. It is submitted that there is no credible evidence against the applicant. It is submitted that co-accused Sarita the wife of the deceased has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 06.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 B.N.S.S. No. 3287 of 2025, the copy of the said order is annexed as Annexure-2 to the supplementary affidavit dated 07.05.2025. The applicant is a lady and is entitled to the benefit of Section 480 B.NS.S. The applicant has no criminal history as stated in para 22 and is in jail since 04.12.2024.

6. Per contra, learned counsel for the State has opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is apparent that the applicant is the mother-in-law of the deceased Amit. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence.

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- Parwati @ Ramlali, 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 B.N.S.S., 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 B.N.S., 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 B.N.S.S., 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 B.N.S., 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 :- 23.5.2025 AS Rathore (Samit Gopal,J.) ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad