High Court · 2025

Applicant :- Guddi Devi Alias Gudiya Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Pankaj Srivastava, Advocate, holding brief of Sri Gyanendra Prakash Srivastava, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA 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- Guddi Devi Alias Gudiya, seeking enlargement on bail during trial in connection with Case Crime No. 6 of 2025, under Sections 85, 80(2) B.N.S.S. and Section 3/4 Dowry Prohibition Act, registered at P.S.- Ranipur, District- Mau.

4. The first information report of the present matter was lodged on 7.1.2025 by Vishram Ram Pasi against Guddi Devi, Bechu Pasi and Smt. Pooja with the allegation that the marriage of his daughter Mala was solemnized with Kashi Paswan around three years ago. On 7.1.2025 his daughter was murdered by her mother- in-law Guddi Devi (the present applicant), father-in-law Bechu Pasi and jethani Pooja. A report be lodged and action be taken.

5. The postmortem of the deceased Mala Devi was conducted on 8.1.2025 wherein the doctor found a ligature mark on her body and a lacerated wound on the right side of forehead of size 1 cm x 0.5 cm. was found. The cause of death has been opined as asphyxia due to ante-mortem hanging.

6. 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 Smt. Mala Devi. (iii) The marriage of the deceased Mala was solemnized with Kashi Paswan the son of the applicant around three years back. (iv) General and omnibus allegations have been levelled against the applicant. (v) The deceased committed suicide which is suggestive from the postmortem examination report, wherein, the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. It is submitted that although there is a lacerated wound on the right side forehead but the same did not contribute to the death of the deceased. (vi) It is submitted that although in the first information report Kashi Paswan the husband of the deceased was not an accused but in the supplementary statement of the first informant he has named the husband also as an accused and thus he has been made as an accused and has been arrested and is in jail. (vii) It is submitted that co-accused Bechu Pasi the father-in-law and Kashi the husband of the deceased have been granted bail vide order dated 23.4.2025 and 30.4.2025 passed by this Court in Criminal Misc. Bail Application No.13144 of 2025 and Criminal Misc. Bail Application No.9385 of 2025 respectively, copies of the said orders have been placed before the Court which are taken on record. (viii) The applicant has no criminal history as stated in para 18 and is in jail since 10.01.2025.

5. Per contra, learned AGA has opposed the prayer for bail.

6. 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 such she is entitled to the benefit of Section 480 BNSS. Cause of death is asphyxia as a result of ante mortem hanging. Co-accused Bechu Pasi the father- in-law and Kashi the husband of the deceased have been granted bail.

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- Guddi Devi Alias Gudiya, 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 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 his 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 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 him in accordance with law and the trial court may proceed against 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 :- 14.5.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad

Applicant :- Guddi Devi Alias Gudiya Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prakash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Pankaj Srivastava, Advocate, holding brief of Sri Gyanendra Prakash Srivastava, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA 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- Guddi Devi Alias Gudiya, seeking enlargement on bail during trial in connection with Case Crime No. 6 of 2025, under Sections 85, 80(2) B.N.S.S. and Section 3/4 Dowry Prohibition Act, registered at P.S.- Ranipur, District- Mau.

4. The first information report of the present matter was lodged on 7.1.2025 by Vishram Ram Pasi against Guddi Devi, Bechu Pasi and Smt. Pooja with the allegation that the marriage of his daughter Mala was solemnized with Kashi Paswan around three years ago. On 7.1.2025 his daughter was murdered by her mother- in-law Guddi Devi (the present applicant), father-in-law Bechu Pasi and jethani Pooja. A report be lodged and action be taken.

5. The postmortem of the deceased Mala Devi was conducted on 8.1.2025 wherein the doctor found a ligature mark on her body and a lacerated wound on the right side of forehead of size 1 cm x 0.5 cm. was found. The cause of death has been opined as asphyxia due to ante-mortem hanging.

6. 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 Smt. Mala Devi. (iii) The marriage of the deceased Mala was solemnized with Kashi Paswan the son of the applicant around three years back. (iv) General and omnibus allegations have been levelled against the applicant. (v) The deceased committed suicide which is suggestive from the postmortem examination report, wherein, the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. It is submitted that although there is a lacerated wound on the right side forehead but the same did not contribute to the death of the deceased. (vi) It is submitted that although in the first information report Kashi Paswan the husband of the deceased was not an accused but in the supplementary statement of the first informant he has named the husband also as an accused and thus he has been made as an accused and has been arrested and is in jail. (vii) It is submitted that co-accused Bechu Pasi the father-in-law and Kashi the husband of the deceased have been granted bail vide order dated 23.4.2025 and 30.4.2025 passed by this Court in Criminal Misc. Bail Application No.13144 of 2025 and Criminal Misc. Bail Application No.9385 of 2025 respectively, copies of the said orders have been placed before the Court which are taken on record. (viii) The applicant has no criminal history as stated in para 18 and is in jail since 10.01.2025.

5. Per contra, learned AGA has opposed the prayer for bail.

6. 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 such she is entitled to the benefit of Section 480 BNSS. Cause of death is asphyxia as a result of ante mortem hanging. Co-accused Bechu Pasi the father- in-law and Kashi the husband of the deceased have been granted bail.

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- Guddi Devi Alias Gudiya, 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 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 his 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 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 him in accordance with law and the trial court may proceed against 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 :- 14.5.2025 Naresh NARESH KUMAR High Court of Judicature at Allahabad