High Court · 2025
Case Details
Acts & Sections
Hon'ble Ashutosh Srivastava,J. Heard Shri Saiyad Iqbal Ahmed, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State, Shri Manoj Pandey, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Halima Khatoon, seeking enlargement on bail in Case Crime No. 258 of 2024, under Sections 326A, 304, 120-B of the Indian Penal Code, Police Station Bhagatpur, District Moradabad. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 7.3.2025. Learned counsel for the applicant submits that applicant is the real Bua of the deceased and is the mother of main accused Javed. The allegations have been levelled against Javed and the FIR has been lodged after a delay of 08 months. Only allegation against the applicant is that applicant and co-accused Harun had given a bottle containing medicine therein to the deceased and asked her to consume it. Learned counsel for the applicant submits that as per statement of victim/deceased, on 18.10.2023, abortion pill was consumed by her given by main accused Javed and on 27.12.2023, applicant had provided the bottle containing some medicine provided by Javed to the deceased. Whereas, in the FIR which was lodged on 8.10.2024, the incident is reported to have occurred on 8.2.2024. During hospitalization from 27.12.2023 to 23.1.2024 at Navya Medical, Moradabad and from 5.1.2024 to 13.1.2024 at Medasia Hospital, Moradabad, victim/deceased had neither made any complaint against the applicant and co-accused persons nor lodged any FIR against them. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have 2 BAIL No. 23440 of 2025 vehemently opposed the prayer for bail by submitting that victim (since deceased) in her statement recorded under Section 183 BNSS has specifically levelled allegation of giving bottle of medicine against applicant and co-accused Harun. She further stated that after 05 minutes of their departure, blood started oozing from her mouth and she became unconscious and fell down. Learned counsel for the first informant inviting attention of the Court to Page 72 of the bail application submits that victim had been administered acid by the applicant and co-accused Harun and due to this, she could not tell anything about the incidence to anyone and after 08 months, when he recovered from the illness, then she disclosed the incident to her parents. Learned counsel for the first informant submits that Dr. Bhupendrda Singh Bhadauriya in his statement annexed at Page 86 has specifically stated that victim was consumed acid. It is accordingly submitted that the bail application warrants rejection. I have heard the learned counsel for the parties and have perused the records. A perusal of he statement of the victim under Section 180 BNSS reveals that the victim and co-accused Javed were in a relationship since 23.2.2023 and a consented physical relationship between the two occurred on 28.9.2023. The victim became pregnant and on 18.10.2023, she took two abortive pills which did not help. Javed assured the victim that he will send some medicine through the applicant and his brother. The victim on receipt of the medicine sent in a bottle through the applicant and brother of Javed consumed the same and fell unconscious. The victim was hospitalized on 27.12.2023 with acid burns ulcers in her throat, stomach, etc., and was hospitalized upto 23.1.2024. No complaint whatsoever or FIR was lodged against the accused persons including the applicant. The victim was discharged on 3.1.2024.. The victim was again admitted at Medasia Hospital, Moradabad on 5.1.2024 and discharged on 12.1.2024 and thereafter, treated at Alshifa Hospital, New Delhi and discharged on 30.1.2024. The victim is stated to have expired on 3.3.2025 during treatment at home. The post mortem of the victim (deceased) was carried out. No marks of any external injury was seen all over the body and the cause of death could not be ascertained and viscera was preserved. The viscera report is not on record. The Court finds that the role assigned to the applicant is bringing the medicine in the bottle given by Javed for the victim. The victim consumed the alleged medicine on her own and there is no allegation of the applicant administering the same to the victim. The victim had recovered from the acid consumption but later succumbed to the accidental insertion of the acid at home. Charge sheet has been submitted against the applicant and charges have also been framed. The testimony of PW1, first informant has already been recorded. Considering all above facts and circumstances, it is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the accused-applicant, Halima Khatoon, involved in above mentioned case crime number be released on bail, on his executing a personal bond and 3 BAIL No. 23440 of 2025 two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 20.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) RAVI PRAKASH High Court of Judicature at Allahabad
Hon'ble Ashutosh Srivastava,J. Heard Shri Saiyad Iqbal Ahmed, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State, Shri Manoj Pandey, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Halima Khatoon, seeking enlargement on bail in Case Crime No. 258 of 2024, under Sections 326A, 304, 120-B of the Indian Penal Code, Police Station Bhagatpur, District Moradabad. Learned counsel for the applicant argued that the accused-applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 7.3.2025. Learned counsel for the applicant submits that applicant is the real Bua of the deceased and is the mother of main accused Javed. The allegations have been levelled against Javed and the FIR has been lodged after a delay of 08 months. Only allegation against the applicant is that applicant and co-accused Harun had given a bottle containing medicine therein to the deceased and asked her to consume it. Learned counsel for the applicant submits that as per statement of victim/deceased, on 18.10.2023, abortion pill was consumed by her given by main accused Javed and on 27.12.2023, applicant had provided the bottle containing some medicine provided by Javed to the deceased. Whereas, in the FIR which was lodged on 8.10.2024, the incident is reported to have occurred on 8.2.2024. During hospitalization from 27.12.2023 to 23.1.2024 at Navya Medical, Moradabad and from 5.1.2024 to 13.1.2024 at Medasia Hospital, Moradabad, victim/deceased had neither made any complaint against the applicant and co-accused persons nor lodged any FIR against them. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have 2 BAIL No. 23440 of 2025 vehemently opposed the prayer for bail by submitting that victim (since deceased) in her statement recorded under Section 183 BNSS has specifically levelled allegation of giving bottle of medicine against applicant and co-accused Harun. She further stated that after 05 minutes of their departure, blood started oozing from her mouth and she became unconscious and fell down. Learned counsel for the first informant inviting attention of the Court to Page 72 of the bail application submits that victim had been administered acid by the applicant and co-accused Harun and due to this, she could not tell anything about the incidence to anyone and after 08 months, when he recovered from the illness, then she disclosed the incident to her parents. Learned counsel for the first informant submits that Dr. Bhupendrda Singh Bhadauriya in his statement annexed at Page 86 has specifically stated that victim was consumed acid. It is accordingly submitted that the bail application warrants rejection. I have heard the learned counsel for the parties and have perused the records. A perusal of he statement of the victim under Section 180 BNSS reveals that the victim and co-accused Javed were in a relationship since 23.2.2023 and a consented physical relationship between the two occurred on 28.9.2023. The victim became pregnant and on 18.10.2023, she took two abortive pills which did not help. Javed assured the victim that he will send some medicine through the applicant and his brother. The victim on receipt of the medicine sent in a bottle through the applicant and brother of Javed consumed the same and fell unconscious. The victim was hospitalized on 27.12.2023 with acid burns ulcers in her throat, stomach, etc., and was hospitalized upto 23.1.2024. No complaint whatsoever or FIR was lodged against the accused persons including the applicant. The victim was discharged on 3.1.2024.. The victim was again admitted at Medasia Hospital, Moradabad on 5.1.2024 and discharged on 12.1.2024 and thereafter, treated at Alshifa Hospital, New Delhi and discharged on 30.1.2024. The victim is stated to have expired on 3.3.2025 during treatment at home. The post mortem of the victim (deceased) was carried out. No marks of any external injury was seen all over the body and the cause of death could not be ascertained and viscera was preserved. The viscera report is not on record. The Court finds that the role assigned to the applicant is bringing the medicine in the bottle given by Javed for the victim. The victim consumed the alleged medicine on her own and there is no allegation of the applicant administering the same to the victim. The victim had recovered from the acid consumption but later succumbed to the accidental insertion of the acid at home. Charge sheet has been submitted against the applicant and charges have also been framed. The testimony of PW1, first informant has already been recorded. Considering all above facts and circumstances, it is a fit case for grant of bail. Accordingly, the bail application is allowed. Let the accused-applicant, Halima Khatoon, involved in above mentioned case crime number be released on bail, on his executing a personal bond and 3 BAIL No. 23440 of 2025 two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 20.8.2025 Ravi Prakash (Ashutosh Srivastava, J.) RAVI PRAKASH High Court of Judicature at Allahabad