High Court
Case Details
Neutral Citation No. - 2025:AHC:104176 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17237 of 2025 Applicant :- Smt Sharfi Alias Asharfi Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla,Sandeep Mishra,Vishvendra Singh Counsel for Opposite Party :- G.A.,Pankaj Dwivedi Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Sri Vishvendra Singh, Advocate, appears and submits that he has filed Vakalatnama on behalf of the applicant in the office on 02.07.2025. The same is not on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 3. Heard Sri Mithilesh Kumar Shukla and Sri Vishvendra Singh, learned counsel for the applicant, Sri Devndra Nath Mishra, learned AGA for the State and perused the material on record. 4. Sri Pankaj Dwivedi, learned counsel for the first informant is not present even in the revised list. Despite his name being printed in the cause list, there is no vakalatnama on the record. Office to trace it out and place it on the record and make a note about it in the order sheet. 5. This is the second bail application under Section 483 of B.N.S.S. filed by the applicant Smt Sharfi Alias Asharfi, seeking enlargement on bail during trial in connection with Case Crime No.317 of 2024, under Section 85, 80(2) B.N.S. and Section 3/4 Dowry Prohibition Act, registered at P.S. Fatehabad, District- Agra (In S.T. No. 692 of 2025). 6. The first bail application of the applicant being Criminal Misc. Bail Application No. 9964 of 2025 was rejected by this Court vide order dated 8.4.2025. 7. 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. Payal, the daughter of the informant was solemnized with Ativeer Singh the son of the applicant on 11.7.2024. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the husband of the deceased has been arrested and is in jail. It is argued that the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging and except single ligature mark no other bodily injury was found on her body. 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 the applicant is a lady aged about 77 years and is entitled to the benefit of Section 480 BNSS. It is submitted that charge sheet in the matter has been submitted on 10.2.2025, copy of which is annexed as annexure no. S.A.-3 to the supplementary affidavit dated 03.6.2025 against the applicant and other accused persons and as such there are no chances of the applicant tempering with the evidence and not co-operating in the investigation. The applicant is having no criminal history as stated in para- 21 of the affidavit and is in jail since 2.2.2025. 8. Per contra, learned AGA opposed the prayer for bail. 9. 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 aged about 77 years and such she is entitled to the benefit of Section 480 BNSS. Cause of death is asphyxia as a result of ante mortem hanging. Charge sheet in the matter has been submitted. 10. 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. 11. Let the applicant- Smt Sharfi Alias Asharfi , 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. 12. 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. 13. The bail application is allowed.
Decision
14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 3.7.2025/Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad