High Court · 2025

1. Heard Sri Shailendra Kumar, learned counsel for the applicant, Sri Rajnish Kumar Verma, learned A.G.A. for the State and Sri Shiv Pal Singh, advocate who has filed vakalatnama on behalf of the informant/complainant, which is taken on record.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 17.12.2024 in Case Crime No. 428 of 2024, under Sections 80(2), 85 of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as "BNS") and Section 3/4 of Dowry Prohibition Act, Police Station- Hujoorpur, District- Bahraich.

3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story.

4. Learned counsel for the applicant has submitted drawn attention towards the impugned FIR, which was lodged on 23.11.2024 for the alleged incident dated 07.11.2024 without explaining the delay. By means of the impugned FIR, the entire family members have been implicated in the present case. The present applicant is the mother-in-law of the victim (since deceased) and she was having cordial relation with her daughter-in-law (since deceased) and she has never tortured or demanded any dowry from her or her family members. The son the the present applicant (co-accused) namely Afzal is in jail. After the death of the victim (since deceased), the nine months' old daughter of the deceased was in abandoned condition as there was no one in the family to look after her and presently the nine months' old daughter of the deceased is living with the applicant who is in jail. The recital to this effect has been Para No. 11 of the bail application. It is stated that the nine months' daughter of the deceased is not being looked after properly in jail. Charge sheet has been filed in the case. The present applicant is having no previous criminal history. The learned counsel for the applicant has stated that the applicant undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 BNSS.

5. Per contra, learned A.G.A. as well as learned counsel for the informant/complainant has, however, opposed the prayer for bail by submitting that this is not a case of suicide but the accused persons killed the victim they were trying to project a picture as if she has committed suicide and since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail.

6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. and other material available on record, the fact that the son the the present applicant (co-accused) namely Afzal is in jail; after the death of the victim (since deceased), presently, the nine months' old daughter of the deceased is living with the applicant who is in jail; the nine months' daughter of the deceased is not being looked after properly in jail; charge sheet has been filed in the case; the applicant is having no previous criminal history; the undertaking of the applicant that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order and further, being a lady, she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail.

7. Accordingly, the bail application is allowed.

8. Let the present applicant- Jugara be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the 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 174-A IPC/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 313 Cr.P.C./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 her in accordance with law. (v) The applicant shall not leave the country without prior permission of the Court.

9. Before parting with, it is made clear that the applicant has been granted bail only for two reasons; firstly, she is a lady and therefore, is being given the benefit of Section 480 BNSS; secondly, she is carrying the nine months' old daughter of the deceased who is not being looked after properly in jail, therefore, the parity of this order may not be claimed by the other co-accused persons. (Rajesh Singh Chauhan,J.) Order Date :- 30.1.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Shailendra Kumar, learned counsel for the applicant, Sri Rajnish Kumar Verma, learned A.G.A. for the State and Sri Shiv Pal Singh, advocate who has filed vakalatnama on behalf of the informant/complainant, which is taken on record.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 17.12.2024 in Case Crime No. 428 of 2024, under Sections 80(2), 85 of Bharatiya Nyaya Sanhita, 2023 (here-in-after referred to as "BNS") and Section 3/4 of Dowry Prohibition Act, Police Station- Hujoorpur, District- Bahraich.

3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story.

4. Learned counsel for the applicant has submitted drawn attention towards the impugned FIR, which was lodged on 23.11.2024 for the alleged incident dated 07.11.2024 without explaining the delay. By means of the impugned FIR, the entire family members have been implicated in the present case. The present applicant is the mother-in-law of the victim (since deceased) and she was having cordial relation with her daughter-in-law (since deceased) and she has never tortured or demanded any dowry from her or her family members. The son the the present applicant (co-accused) namely Afzal is in jail. After the death of the victim (since deceased), the nine months' old daughter of the deceased was in abandoned condition as there was no one in the family to look after her and presently the nine months' old daughter of the deceased is living with the applicant who is in jail. The recital to this effect has been Para No. 11 of the bail application. It is stated that the nine months' daughter of the deceased is not being looked after properly in jail. Charge sheet has been filed in the case. The present applicant is having no previous criminal history. The learned counsel for the applicant has stated that the applicant undertakes that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. Besides, being a lady she may be given the benefit of Section 480 BNSS.

5. Per contra, learned A.G.A. as well as learned counsel for the informant/complainant has, however, opposed the prayer for bail by submitting that this is not a case of suicide but the accused persons killed the victim they were trying to project a picture as if she has committed suicide and since the role of the present applicant was found in the commission of crime, therefore, she is not entitled for grant of bail.

6. Therefore, without entering into merits of the issue, considering the arguments of learned counsel for the parties, the contents and allegations of the F.I.R. and other material available on record, the fact that the son the the present applicant (co-accused) namely Afzal is in jail; after the death of the victim (since deceased), presently, the nine months' old daughter of the deceased is living with the applicant who is in jail; the nine months' daughter of the deceased is not being looked after properly in jail; charge sheet has been filed in the case; the applicant is having no previous criminal history; the undertaking of the applicant that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order and further, being a lady, she may be given the benefit of Section 480 BNSS, I am of the view that the present applicant may be released on bail.

7. Accordingly, the bail application is allowed.

8. Let the present applicant- Jugara be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A IPC/269 of the B.N.S., 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C./84 of B.N.S.S., 2023 is issued and the 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 174-A IPC/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 313 Cr.P.C./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 her in accordance with law. (v) The applicant shall not leave the country without prior permission of the Court.

9. Before parting with, it is made clear that the applicant has been granted bail only for two reasons; firstly, she is a lady and therefore, is being given the benefit of Section 480 BNSS; secondly, she is carrying the nine months' old daughter of the deceased who is not being looked after properly in jail, therefore, the parity of this order may not be claimed by the other co-accused persons. (Rajesh Singh Chauhan,J.) Order Date :- 30.1.2025 (Manoj K.) MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench