High Court · 2025

1. Heard Sri Avaneesh Pandey, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A. for the State and.Sri Vansh Raj Dubey has filed 'Vakalatnama' on behalf of informant, same is taken on record.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 7.10.2024 in Case Crime No. 433 of 2024 u/s 85/80(2) BNS, 2023 & 3/4 D.P. Act, P.S. Ghazipur, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged.

3. Attention has been drawn towards impugned F.I.R. wherein the general allegations of demand of dowry and beating has been levelled against the entire family of Hari Om Tiwari who is husband of the deceased. Learned counsel for the applicant has stated that there is no specific allegation against the present applicant who is mother-in-law of the victim (since deceased). She was having cordial relation with her daughter-in-law and she never demanded any dowry from her or her family members. As a matter of fact the present applicant resides at her native village at Ayodhya whereas her son and wife (since deceased) were living at Indira Nagar, Lucknow. The place of incident is at Indira Nagar, Lucknow.

4. Attention has also been drawn towards the Annexure no. 5 which is a CCTV footage of Camera No. 3 of the residence of the victim (since deceased) which shows that on 5.10.2024 at about 9.55 p.m. to 10.42 p.m. the victim was roaming alone in her residence and on 6.10.2024 at about 5.42 a.m. her husband reached the residence and tried to get the door of the house opened as it was locked from inside. Besides, there may be any dispute between the husband and wife, resultant there of she might have committed suicide inasmuch as the cause of death is hanging. there is no ante-mortem injury except the ligature mark which might be caused on account of hanging, though viscera has been preserved. Being a lady she may be given the benefit of section 480 BNSS. Charge-sheet has been filed in this case.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail vehemently by submitting that the victim died within two years of marriage under mysterious circumstances and before committing suicide or before dying she called her mother to come at once otherwise her in-laws would kill her. On being confronted the learned counsel for the opposite parties as to whether there is any evidence to show that on the date of incident the present applicant was residing in the same house, learned counsel for the opposite parties have stated that for torturing the daughter-in-law the physical presence is not necessary.

7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that general allegations of demand of dowry and beating has been levelled against the entire family of Hari Om Tiwari who is husband of the deceased, there is no specific allegation against the present applicant who is mother-in- law of the victim (since deceased), she was having cordial relation with her daughter-in-law and she never demanded any dowry from her or her family members, the present applicant resides at her native village at Ayodhya whereas her son and wife (since deceased) were living at Indira Nagar, Lucknow, the place of incident is at Indira Nagar, Lucknow, the cause of death is hanging, there is no ante-mortem injury except the ligature mark which might be caused on account of hanging, being a lady she may be given the benefit of section 480 BNSS, charge- sheet has been filed in this case and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

8. Bail application is allowed.

9. Let the applicant Asha Devi, involved in aforesaid case crime be released on bail on her 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 shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 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 / her in accordance with law. . Order Date :- 21.1.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Avaneesh Pandey, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A. for the State and.Sri Vansh Raj Dubey has filed 'Vakalatnama' on behalf of informant, same is taken on record.

2. It has been contended by the learned counsel for the applicant that the applicant is in jail since 7.10.2024 in Case Crime No. 433 of 2024 u/s 85/80(2) BNS, 2023 & 3/4 D.P. Act, P.S. Ghazipur, District Lucknow. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence as alleged.

3. Attention has been drawn towards impugned F.I.R. wherein the general allegations of demand of dowry and beating has been levelled against the entire family of Hari Om Tiwari who is husband of the deceased. Learned counsel for the applicant has stated that there is no specific allegation against the present applicant who is mother-in-law of the victim (since deceased). She was having cordial relation with her daughter-in-law and she never demanded any dowry from her or her family members. As a matter of fact the present applicant resides at her native village at Ayodhya whereas her son and wife (since deceased) were living at Indira Nagar, Lucknow. The place of incident is at Indira Nagar, Lucknow.

4. Attention has also been drawn towards the Annexure no. 5 which is a CCTV footage of Camera No. 3 of the residence of the victim (since deceased) which shows that on 5.10.2024 at about 9.55 p.m. to 10.42 p.m. the victim was roaming alone in her residence and on 6.10.2024 at about 5.42 a.m. her husband reached the residence and tried to get the door of the house opened as it was locked from inside. Besides, there may be any dispute between the husband and wife, resultant there of she might have committed suicide inasmuch as the cause of death is hanging. there is no ante-mortem injury except the ligature mark which might be caused on account of hanging, though viscera has been preserved. Being a lady she may be given the benefit of section 480 BNSS. Charge-sheet has been filed in this case.

5. The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

6. Learned A.G.A. as well as learned counsel for the informant opposed the prayer for bail vehemently by submitting that the victim died within two years of marriage under mysterious circumstances and before committing suicide or before dying she called her mother to come at once otherwise her in-laws would kill her. On being confronted the learned counsel for the opposite parties as to whether there is any evidence to show that on the date of incident the present applicant was residing in the same house, learned counsel for the opposite parties have stated that for torturing the daughter-in-law the physical presence is not necessary.

7. Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that general allegations of demand of dowry and beating has been levelled against the entire family of Hari Om Tiwari who is husband of the deceased, there is no specific allegation against the present applicant who is mother-in- law of the victim (since deceased), she was having cordial relation with her daughter-in-law and she never demanded any dowry from her or her family members, the present applicant resides at her native village at Ayodhya whereas her son and wife (since deceased) were living at Indira Nagar, Lucknow, the place of incident is at Indira Nagar, Lucknow, the cause of death is hanging, there is no ante-mortem injury except the ligature mark which might be caused on account of hanging, being a lady she may be given the benefit of section 480 BNSS, charge- sheet has been filed in this case and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

8. Bail application is allowed.

9. Let the applicant Asha Devi, involved in aforesaid case crime be released on bail on her 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 shall file an undertaking to the effect that he / she shall not seek any adjournment on the dates 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him / her under Section 269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of B.N.S.S., 2023 may be issued and if the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him / her in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S., 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 / her in accordance with law. . Order Date :- 21.1.2025 Om (Rajesh Singh Chauhan, J.) OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench