State of U.P v. Party

2. Heard Sri Satish Kumar Yadav, learned counsel for the applicant, Sri Arvind Kumar, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Despite name of Sri Arvind Kumar 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 Mithlesh, seeking enlargement on bail during trial in connection with Case Crime No.380 of 2025, under Sections 115(2), 351(3), 80(2), 85 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S.-Kotwali, District- Mainpuri.

5. 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.Seetu the sister of the informant was solemnized with Abhaykant the son of the applicant on

15.11.2024. 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 except a single ligature mark on the body of the deceased no other bodily injury was found and the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. 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 being a lady, she is entitled to the benefit of Section 480 BNSS. It is submitted while placing para- 28 of the affidavit submitted that the applicant is aged about 70 years and suffering from diabetes and other old age related ailments. It is submitted 2 BAIL No. 30382 of 2025 while placing supplementary affidavit dated 09.9.2025 which is already on record, that the applicant was involved in a case earlier in which Final Report has been filed, para-4 of the said supplementary affidavit and annexure no.S.A.-1 being copy of Final Report, have been placed for the same. The applicant is in jail since 14.8.2025. It is also argued that father-in-law of the deceased namely Amarnath has been granted bail by a co-ordinate Bench of this Court vide order dated 26.8.2025 passed in Criminal Misc. Bail Application No.29424 of 2025, copy of which has been produced before the Court which is taken on record.

6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail. Learned counsel for the first informant submits that in so far as the previous case is concerned, after coming to know of filing of Final Report he has filed a Criminal Revision against the same, which is pending.

7. 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. Except a single ligature mark on the body of the deceased no other bodily injury was found and the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. The applicant was involved in a case earlier in which Final Report has been filed. The husband of the deceased is in jail.

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-Mithlesh, 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 3 BAIL No. 30382 of 2025 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.

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. October 7, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Satish Kumar Yadav, learned counsel for the applicant, Sri Arvind Kumar, learned counsel for the first informant, Sri V.D. Ojha, learned AGA for the State and perused the material on record.

3. Despite name of Sri Arvind Kumar 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 Mithlesh, seeking enlargement on bail during trial in connection with Case Crime No.380 of 2025, under Sections 115(2), 351(3), 80(2), 85 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S.-Kotwali, District- Mainpuri.

5. 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.Seetu the sister of the informant was solemnized with Abhaykant the son of the applicant on

15.11.2024. 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 except a single ligature mark on the body of the deceased no other bodily injury was found and the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. 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 being a lady, she is entitled to the benefit of Section 480 BNSS. It is submitted while placing para- 28 of the affidavit submitted that the applicant is aged about 70 years and suffering from diabetes and other old age related ailments. It is submitted 2 BAIL No. 30382 of 2025 while placing supplementary affidavit dated 09.9.2025 which is already on record, that the applicant was involved in a case earlier in which Final Report has been filed, para-4 of the said supplementary affidavit and annexure no.S.A.-1 being copy of Final Report, have been placed for the same. The applicant is in jail since 14.8.2025. It is also argued that father-in-law of the deceased namely Amarnath has been granted bail by a co-ordinate Bench of this Court vide order dated 26.8.2025 passed in Criminal Misc. Bail Application No.29424 of 2025, copy of which has been produced before the Court which is taken on record.

6. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail. Learned counsel for the first informant submits that in so far as the previous case is concerned, after coming to know of filing of Final Report he has filed a Criminal Revision against the same, which is pending.

7. 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. Except a single ligature mark on the body of the deceased no other bodily injury was found and the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. The applicant was involved in a case earlier in which Final Report has been filed. The husband of the deceased is in jail.

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-Mithlesh, 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 3 BAIL No. 30382 of 2025 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.

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. October 7, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad