High Court · 2025

1. Heard Sri Ravindra Shukla, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A. for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 21.10.2024 in FIR/Case Crime No.353 of 2024, under Sections 103(1), 3(5) of B.N.S., Police Station – Gauriganj, District – Amethi.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged. The deceased is the husband of the present applicant and her relations with her husband were cordial though she had developed some intimacy with one Subhash and when husband of the applicant came to know about this fact, he got annoyed and on the eve of Navratri, the deceased had beaten the present applicant mercilessly. The applicant told this story to Subhash, who in turn told that he will eliminate her husband. Thereafter, he planned to kill her husband and co-accused Anil Kumar, Parmanand and Sahil assisted him. When the aforesaid incident took place, the applicant was sleeping but at that point of time when the incident was going on, she awoke and saw that co-accused Parmanand had caught hold the legs of her husband, co-accused Sahil had caught hold the hands of her husband and co-accused Anil Kumar was pushing the neck of her husband. The aforesaid co-accused persons were killing her husband on the instructions of Subhash, who is the main planner. The aforesaid confessional statement of the present applicant has been recorded, which has been enclosed as Annexure No.9 with the bail application. Co-accused Anil Kumar, who was pushing the neck of her husband, has been granted bail by this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.1664 of 2025. Another co-accused Parmanand has been granted bail by this Court vide order dated 17.04.2025 passed in Criminal Misc. Bail Application No.3209 of 2025 and co-accused Subhash Chandra has been granted bail by this Court vide order dated 12.05.2025 passed in Criminal Misc. Bail Application No.1521 of 2025. Co-accused Sahil Indra Kumar Pasi has been granted bail by this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.1253 of 2025. Learned counsel has stated that all the co-accused persons have been granted bail but the present applicant, who is wife of the deceased, is languishing in jail since 21.10.2024, therefore, he claims parity.

4. Further submission of learned counsel for the applicant is that there is no previous criminal history of any kind whatsoever against the present applicant. Charge sheet has been filed. Learned counsel has further stated that the applicant undertakes that 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. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 480 of BNSS.

5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of 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; the fact that the present applicant is wife of the deceased and main planner of the incident is Subhash with whom the applicant is alleged to have developed some relations; all the aforesaid co-accused persons, who are alleged to have killed the husband of the applicant, have been granted bail; the applicant is having no prior criminal history; the applicant being lady may be given the benefit of Section 480 of BNSS 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. Accordingly, the bail application is allowed.

8. Let applicant- Rajnisha be released on bail in the aforesaid case crime number 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:- (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 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 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 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 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 her in accordance with law. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 17.7.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench

1. Heard Sri Ravindra Shukla, learned counsel for the applicant and Sri Nikhil Singh, learned A.G.A. for the State.

2. As per learned counsel for the applicant, the present applicant is in jail since 21.10.2024 in FIR/Case Crime No.353 of 2024, under Sections 103(1), 3(5) of B.N.S., Police Station – Gauriganj, District – Amethi.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as she has not committed any offence as alleged. The deceased is the husband of the present applicant and her relations with her husband were cordial though she had developed some intimacy with one Subhash and when husband of the applicant came to know about this fact, he got annoyed and on the eve of Navratri, the deceased had beaten the present applicant mercilessly. The applicant told this story to Subhash, who in turn told that he will eliminate her husband. Thereafter, he planned to kill her husband and co-accused Anil Kumar, Parmanand and Sahil assisted him. When the aforesaid incident took place, the applicant was sleeping but at that point of time when the incident was going on, she awoke and saw that co-accused Parmanand had caught hold the legs of her husband, co-accused Sahil had caught hold the hands of her husband and co-accused Anil Kumar was pushing the neck of her husband. The aforesaid co-accused persons were killing her husband on the instructions of Subhash, who is the main planner. The aforesaid confessional statement of the present applicant has been recorded, which has been enclosed as Annexure No.9 with the bail application. Co-accused Anil Kumar, who was pushing the neck of her husband, has been granted bail by this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.1664 of 2025. Another co-accused Parmanand has been granted bail by this Court vide order dated 17.04.2025 passed in Criminal Misc. Bail Application No.3209 of 2025 and co-accused Subhash Chandra has been granted bail by this Court vide order dated 12.05.2025 passed in Criminal Misc. Bail Application No.1521 of 2025. Co-accused Sahil Indra Kumar Pasi has been granted bail by this Court vide order dated 16.05.2025 passed in Criminal Misc. Bail Application No.1253 of 2025. Learned counsel has stated that all the co-accused persons have been granted bail but the present applicant, who is wife of the deceased, is languishing in jail since 21.10.2024, therefore, he claims parity.

4. Further submission of learned counsel for the applicant is that there is no previous criminal history of any kind whatsoever against the present applicant. Charge sheet has been filed. Learned counsel has further stated that the applicant undertakes that 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. Besides, being lady, the applicant may be enlarged on bail granting her the benefit of Section 480 of BNSS.

5. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of 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; the fact that the present applicant is wife of the deceased and main planner of the incident is Subhash with whom the applicant is alleged to have developed some relations; all the aforesaid co-accused persons, who are alleged to have killed the husband of the applicant, have been granted bail; the applicant is having no prior criminal history; the applicant being lady may be given the benefit of Section 480 of BNSS 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. Accordingly, the bail application is allowed.

8. Let applicant- Rajnisha be released on bail in the aforesaid case crime number 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:- (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 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 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 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 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 her in accordance with law. (v) The applicant shall not leave India without previous permission of the court. Order Date :- 17.7.2025 RBS/- [Rajesh Singh Chauhan,J.] RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench