High Court · 2025

1. Heard Sri Puneet Chandra, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State.

2. The present applicant is in jail since 31.12.2024, in case crime no. 507 of 2024, under Sections 103(1), 191(2) of BNS at Police Station Inayatnagar District Ayodhya.

3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged.

4. Attention has been drawn towards the impugned First Information Report, wherein, the allegation of putting the deceased into fire has been levelled against five accused persons. The present applicant is the wife of the deceased. As per prosecution story, on account of some misunderstanding between the present applicant and her husband, she had come to her maternal house and she was living there. The deceased came to get her back to his home, but she did not agree. However, the present applicant along with her family members have put the deceased into fire. Learned counsel has stated that the dying declaration of the deceased has been recorded wherein, the specific allegation has been levelled against co- accused Pradeep Singh, Rakesh Singh, Sania Singh, Poonam Singh and Kanaklata Singh. However, the charge-sheet has only been filed against the present applicant and Rakesh Singh and so far as other persons are concerned investigation is going on. Therefore, if dying declaration is taken on its face value at least chargesheet should have been filed against all accused persons who have been named in the dying declaration. Attention has been drawn towards two independent witnesses, who have stated that the present applicant and other family members were trying to diffuse the fire caught by the deceased. Attention has been drawn towards paragraph 25 of the bail application wherein one fact has been indicated that the present applicant is having three minor children of age 10 years, 7 years and 5 years who are in shabby condition in the home inasmuch as her husband has died and she is in jail for about seven months. If she is released on, she will be able to look after her children. Charge-sheet has been filed. She being a lady may be given the benefit of Section 480 BNSS. The learned counsel has further submitted that if the applicant is released on bail, she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant.

6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 31.12.2024; the fact that she being a lady she may be given the benefit of Section 437 CrPC/480 BNSS; the applicant is having minor children of age 10 years, 7 years and 5 years; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

7. The bail application is allowed.

8. Let the applicant- Poonam Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and 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 he 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 under Section 229-A of the Indian Penal Code/ 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 82 Cr.P.C./ 84 of the 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 him, in accordance with law, under Section 174-A of the Indian Penal Code/ 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 the 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 in accordance with law. (v) The applicant shall not leave India without previous permission of the court.

9. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and no specific role has been attributed to the present applicant and she being a lady is given the benefit of Section 437 Cr.P.C./480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. Order Date :- 9.7.2025 Anurag ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Puneet Chandra, learned counsel for the applicant and Ms. Sudha Sharma, learned AGA for the State.

2. The present applicant is in jail since 31.12.2024, in case crime no. 507 of 2024, under Sections 103(1), 191(2) of BNS at Police Station Inayatnagar District Ayodhya.

3. Learned counsel for the applicant has stated that the present applicant has been falsely implicated as he has not committed any offence as alleged.

4. Attention has been drawn towards the impugned First Information Report, wherein, the allegation of putting the deceased into fire has been levelled against five accused persons. The present applicant is the wife of the deceased. As per prosecution story, on account of some misunderstanding between the present applicant and her husband, she had come to her maternal house and she was living there. The deceased came to get her back to his home, but she did not agree. However, the present applicant along with her family members have put the deceased into fire. Learned counsel has stated that the dying declaration of the deceased has been recorded wherein, the specific allegation has been levelled against co- accused Pradeep Singh, Rakesh Singh, Sania Singh, Poonam Singh and Kanaklata Singh. However, the charge-sheet has only been filed against the present applicant and Rakesh Singh and so far as other persons are concerned investigation is going on. Therefore, if dying declaration is taken on its face value at least chargesheet should have been filed against all accused persons who have been named in the dying declaration. Attention has been drawn towards two independent witnesses, who have stated that the present applicant and other family members were trying to diffuse the fire caught by the deceased. Attention has been drawn towards paragraph 25 of the bail application wherein one fact has been indicated that the present applicant is having three minor children of age 10 years, 7 years and 5 years who are in shabby condition in the home inasmuch as her husband has died and she is in jail for about seven months. If she is released on, she will be able to look after her children. Charge-sheet has been filed. She being a lady may be given the benefit of Section 480 BNSS. The learned counsel has further submitted that if the applicant is released on bail, she shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicant shall abide by all terms and conditions of the bail order, the applicant may be enlarged on bail.

5. Learned AGA for the State has also opposed the bail application but could not dispute the submission of the learned counsel for the applicant.

6. Without entering into merits of the issue, considering the arguments of learned counsel for the parties; contents and allegations of the FIR and the fact that the present applicant is languishing in jail since 31.12.2024; the fact that she being a lady she may be given the benefit of Section 437 CrPC/480 BNSS; the applicant is having minor children of age 10 years, 7 years and 5 years; there is no likelihood to conclude the trial in the near future; and undertaking of the applicant that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicant on bail.

7. The bail application is allowed.

8. Let the applicant- Poonam Singh, be released on bail in the aforesaid case crime number on his furnishing a personal bond and 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 he 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 under Section 229-A of the Indian Penal Code/ 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 82 Cr.P.C./ 84 of the 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 him, in accordance with law, under Section 174-A of the Indian Penal Code/ 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 the 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 in accordance with law. (v) The applicant shall not leave India without previous permission of the court.

9. It is made clear that since the present applicant has been granted bail considering the fact that she is a lady and no specific role has been attributed to the present applicant and she being a lady is given the benefit of Section 437 Cr.P.C./480 BNSS, therefore, the parity of this order may not be claimed by the other co-accused persons. Order Date :- 9.7.2025 Anurag ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench