Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25935 of 2025 Smt Seema State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) : Manvendra Narain Pathak, Sanjay
Legal Reasoning
Tiwari Counsel for Opposite Party(s) : Arvind Kumar Srivastava, G.A., Sunil Kumar Saroj Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J. 2. Heard Sri Manvendra Narain Pathak, learned counsel for the applicant, Sri Shikhar Yadav, Advocate, holding brief of Sri Sunil Kumar Saroj, learned counsel for the first informant, Sri Birendra Pratap Singh, learned AGA for the State and perused the material on record. 3. Despite name of Sri Sunil Kumar Saroj 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. 4. This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Smt Seema, seeking enlargement on bail during trial in connection with Case Crime No. 91 of 2025, under Section(s) 115(2), 127(2), 118(1), 3(5), 238 B.N.S., registered at P.S. Murad Nagar, District Ghaziabad. 5. The F.I.R. of the present matter was lodged on 28.2.2025 by Smt. Munni Begum against the applicant/Intekhab Alam (husband), Parvez the dewar of the deceased and Seema the dewarani of the deceased, alleging therein that marriage of her daughter Bhuri@Muwashira was solemnized with Intekhab Alam on 28.3.2005. She has three daughters and one son. Intekhab used to assault her daughter since after marriage and in the same sequence on 25.2.2025 at about 10:00 p.m. the accused persons, in a planned manner, threw petrol on her and set her ablaze and locked her in bathroom. Her grand-daughter then opened the door and she was informed about the incident on phone by Intekhab on 26.2.2025. No information was given by the accused persons to the local police. On 26.2.2025 at about 11:00 a.m. her grand-daughter with the help of neighbours took her daughter Bhuri to Safdarjung Hospital, Delhi at about 2 BAIL No. 25935 of 2025 02:00 p.m. No information was given by the accused or their family members. Her daughter was found to have received 75 % burn injuries. Information about the incident was given by her family members on 26.2.2025 to the police on 112 number. Despite her daughter receiving burn injuries on 25.2.2025 she was not taken to the hospital by the accused persons just to conceal the occurrence. Her report be lodged and action be taken. 6. Learned counsel for the applicant argued that the applicant is dewrani of the deceased. It is submitted that the deceased at the first instance was brought by her daughter/Faiza to hospital where she was stated to have sustained injuries while she was cooking food inside kitchen due to LPG leakage. She was rescued by her daughter who took off her clothes and put water on her. She was then taken to the local clinic where she was provided primary management and now come to the hospital. It is submitted that subsequently when the deceased was taken to Safdarjung Hospital on 03.03.2025 her statement was recorded while she was in an injured condition in which she states that her dewar/Parvej and dewrani/Seema caught hold of her hand and her husband Intekhab sprinkled petrol on her and then threw match stick on her from distance due to which she received burn injuries after which her daughter Faiza and Hafifa rescued her by throwing water on her. The accused persons did not take her to hospital and then her daughter with the help of neighbours took her to hospital. It is submitted that the prosecution story thus stating that the deceased was caught hold by the applicant and then co-accused Intekhab sprinkling petrol on her is false inasmuch as the first version given by the deceased is that the same was accidental burn while cooking food in the kitchen. It is submitted that occurrence in the present matter is of 25.02.2025 after which on 03.3.2025 the statement of the deceased was recorded and then she died on 07.3.2025 in the hospital. It is submitted that the applicant has no motive to commit the aforesaid offence. It is submitted that the applicant is a lady and is entitled to the benefit of Section 480 B.N.S.S. It is submitted that case of the applicant is distinguishable with the co-accused Intekhab Alam the husband of the deceased. It is argued that the applicant has no other criminal antecedents as stated in para-53 of the affidavit and is in jail since 22.5.2025. 7. Per contra, learned counsel for the first informant and learned State counsel opposed the prayer for bail and submitted that role assigned to the applicant in the statement of the deceased is of catching hold of the hand of the deceased along with her husband/Parvej, after which the co- accused Intekhab Alam is stated to have sprinkled kerosene on her and set her ablaze. It is submitted that the deceased in her dying declaration has stated the said fact and as such the applicant is involved in the present matter. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is a lady and dewrani of the 3 BAIL No. 25935 of 2025 deceased. Role assigned to the applicant is of catching hold of the hand of the deceased along with her husband/Parvej and then the co-accused Intekhab Alam husband of the deceased was stated to have sprinkled kerosene on her and set her ablaze. The version as recorded by the doctor in hospital where the deceased was brought by her daughter is that she received accidental burn while cooking food in the kitchen due to LPG leakage. 9. 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, the applicant is a lady and role assigned to her, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant- Smt. Seema, 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. 4 BAIL No. 25935 of 2025 (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. 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. 12. The bail application is allowed.
Decision
13. Pending application(s), if any, shall stand disposed of. September 25, 2025 Naresh (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad