High Court · 2025

1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant and Shri Alok Kumar Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 29.03.2025 in Case Crime No.70 of 2025, under Sections 85, 80 (2) and 103 (1) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Ranipur, District Bahraich.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

4. Learned counsel for the applicant has also submitted that the present applicant, who is mother-in-law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged in the prosecution story so narrated in the FIR. Attention has been drawn towards the impugned F.I.R. wherein the general allegation of beating mercilessly has been attributed to all the accused persons including the present applicant. The son of the present applicant has confessed his guilt that he has beaten and killed his wife (since deceased). The cause of death is Asphyxia due to ante- mortem strangulation and the victim received three minor injuries but the present applicant is absolutely unaware as to how the deceased received such injuries. There might be any dispute between the husband and wife but the present applicant is absolutely unaware.

5. Learned counsel for the applicant has stated that the present applicant was having cordial relation with her daughter-in-law (since deceased) and she has never demanded any dowry from her or her family members. The co-accused person namely, Nanke (father-in-law) has been granted bail by this Court in Criminal Misc. Bail Application No.5893 of 2025 vide order dated 04.07.2025 which is enclosed as Annexure No.5 to the bail application. The present applicant is having no prior criminal history of any kind whatsoever. Besides, being lady, the present applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C/Section 480 BNSS. He undertakes on behalf of the present applicant 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.

6. Learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant. However, he has apprised the Court on the basis of confessional statement of son (husband of the deceased) of the present applicant that he has confessed his guilt and has stated that he has beaten and killed his wife.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the confessional statement of the son of the present applicant that he has beaten and killed his wife; general allegation has been levelled against all the accused persons including the present applicant; no specific role has been attributed to the present applicant; the co-accused persons namely, Nanke (father-in- law) has been enlarged on bail; the applicant being lady may be given the benefit of Section 437 Cr.P.C./Section 480 BNSS; the undertaking that she shall co-operate in the investigation/ trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant - Kaleema, 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 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. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 28.7.2025 Mohd. Sharif MOHAMMAD SHARIF MOHAMMAD SHARIF High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

1. Heard Shri Manoj Kumar Singh, learned counsel for the applicant and Shri Alok Kumar Singh, learned Additional Government Advocate for the State.

2. As per learned counsel for the applicant, the present applicant is languishing in jail since 29.03.2025 in Case Crime No.70 of 2025, under Sections 85, 80 (2) and 103 (1) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Ranipur, District Bahraich.

3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.).

4. Learned counsel for the applicant has also submitted that the present applicant, who is mother-in-law of the victim (since deceased), has been falsely implicated in the case as she has not committed any offence as alleged in the prosecution story so narrated in the FIR. Attention has been drawn towards the impugned F.I.R. wherein the general allegation of beating mercilessly has been attributed to all the accused persons including the present applicant. The son of the present applicant has confessed his guilt that he has beaten and killed his wife (since deceased). The cause of death is Asphyxia due to ante- mortem strangulation and the victim received three minor injuries but the present applicant is absolutely unaware as to how the deceased received such injuries. There might be any dispute between the husband and wife but the present applicant is absolutely unaware.

5. Learned counsel for the applicant has stated that the present applicant was having cordial relation with her daughter-in-law (since deceased) and she has never demanded any dowry from her or her family members. The co-accused person namely, Nanke (father-in-law) has been granted bail by this Court in Criminal Misc. Bail Application No.5893 of 2025 vide order dated 04.07.2025 which is enclosed as Annexure No.5 to the bail application. The present applicant is having no prior criminal history of any kind whatsoever. Besides, being lady, the present applicant may be enlarged on bail granting her the benefit of Section 437 Cr.P.C/Section 480 BNSS. He undertakes on behalf of the present applicant 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.

6. Learned Additional Government Advocate has, however, opposed the prayer for bail of the present applicant. However, he has apprised the Court on the basis of confessional statement of son (husband of the deceased) of the present applicant that he has confessed his guilt and has stated that he has beaten and killed his wife.

7. Having heard learned counsel for the parties and having perused the material available on record; considering the confessional statement of the son of the present applicant that he has beaten and killed his wife; general allegation has been levelled against all the accused persons including the present applicant; no specific role has been attributed to the present applicant; the co-accused persons namely, Nanke (father-in- law) has been enlarged on bail; the applicant being lady may be given the benefit of Section 437 Cr.P.C./Section 480 BNSS; the undertaking that she shall co-operate in the investigation/ trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail order; without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case.

8. Accordingly, the instant bail application is allowed.

9. Let the applicant - Kaleema, 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 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. The present applicant shall not leave the country without prior permission of the Court. Order Date :- 28.7.2025 Mohd. Sharif MOHAMMAD SHARIF MOHAMMAD SHARIF High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench