High Court · 2025

applicant, Shri Arun Verma, learned AGA for the State- respondents and Shri Surydeep, learned counsel for informant.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated and is in jail since

07.11.2024 in Case Crime No.451 of 2024 under Sections 82(1), 108(1) BNS, police station Kotwali Dehat, District Hardoi.

4. Learned counsel for the applicant has drawn attention of this Court to impugned FIR, wherein the allegation of beating, torturing and demanding dowry has been levelled against all accused persons including the present applicant. The present applicant is the mother-in-law of the deceased. As per the allegation the accused applicant has killed the deceased by putting her into fire and she died in the hospital. In the present case there is one dying declaration wherein she has levelled specific allegation against her husband, father-in-law, mother- in-law and brother-in-law (devar) to the effect that all the aforesaid persons poured diesel on her body and set her into fire. However, after completion of investigation charge sheet has been filed only under Sections 108(1), 82(1) BNS.

5. At this stage, Shri Arun Verma, learned AGA has submitted that he is unable to comprehend as to how in the light of specific dying declaration of the deceased before her death, wherein she had levelled specific allegation of pouring diesel on her body and setting her into fire by all accused persons, the charge sheet has been filed under Sections 108(1), 82(1) BNS, inasmuch as this is a case of cold blooded murder. Shri Verma has also stated that though charges have not been framed in the present case, only charge sheet has been filed, therefore, learned trial Court may frame charge under appropriate sections. He further submits that in any circumstances, looking into the facts and circumstances of the case, the charge sheet should not have been filed under Sections 108(1), 82(1) BNS, rather it could have been filed under Sections 103(1) or 82(2) BNS.

6. Replying the aforesaid contentions of Shri Arun Verma, learned AGA, learned counsel for the applicant has stated that if after completion of the investigation the charge sheet has been filed under Section 108 BNS, then it is clear that at this stage that the prosecution agency has not found any material or evidence to suggest that the present applicant has killed her daughter-in-law by pouring diesel on her body and setting her into fire. In that case, the prosecution will have to establish any overt act of the present applicant to instigate the victim to commit suicide. Both the aforesaid ingredients are missing, therefore, the allegation of dying declaration may not be treated as trust worthy at this stage.

7. Besides, the present applicant is a lady, therefore, she may be given the benefit of Section 480 BNSS. The applicant has no prior criminal history of any kind whatsoever. She is having her permanent address, therefore, there is no flight risk. Therefore, if the present applicant is enlarged on bail, she undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail.

8. Learned AGA and learned counsel for the complainant have again opposed this bail application by submitting that the deceased was murdered brutally, therefore, this bail application may be rejected.

9. Having heard the learned counsel for the parties and having perused the material on record, though the deceased had recorded her dying declaration before her death wherein specific allegation has been levelled against the present applicant and other accused persons, but charge sheet has been filed only under Sections 108(1), 82(1) BNS and considering the fact that the present applicant is an old aged lady of 55 years, she may be granted the benefit of Section 480 BNSS, therefore, considering the undertaking given by the applicant that she will not misuse the liberty of bail if granted to her and that she shall cooperate in the trial proceedings.

10. Accordingly, the bail application is allowed.

11. Let applicant- Mallo Devi 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 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/ her presence proclamation under Section 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 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. (v) The applicant shall not leave India without previous permission of the court.

12. Before parting with it is made clear that the present applicant/ accused has been granted bail considering the fact that she is a lady and has been given the benefit of Section 480 BNSS, therefore, other accused may not claim parity with the present accused/ applicant. Besides, it is expected from the trial Court that at the time of framing charges all facts and circumstances of the case including the dying declaration would be considered carefully. (Rajesh Singh Chauhan, J.) Order Date :- 24.1.2025 Arnima ARNIMA SINGH ARNIMA SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

applicant, Shri Arun Verma, learned AGA for the State- respondents and Shri Surydeep, learned counsel for informant.

3. Learned counsel for the applicant submits that the present applicant has been falsely implicated and is in jail since

07.11.2024 in Case Crime No.451 of 2024 under Sections 82(1), 108(1) BNS, police station Kotwali Dehat, District Hardoi.

4. Learned counsel for the applicant has drawn attention of this Court to impugned FIR, wherein the allegation of beating, torturing and demanding dowry has been levelled against all accused persons including the present applicant. The present applicant is the mother-in-law of the deceased. As per the allegation the accused applicant has killed the deceased by putting her into fire and she died in the hospital. In the present case there is one dying declaration wherein she has levelled specific allegation against her husband, father-in-law, mother- in-law and brother-in-law (devar) to the effect that all the aforesaid persons poured diesel on her body and set her into fire. However, after completion of investigation charge sheet has been filed only under Sections 108(1), 82(1) BNS.

5. At this stage, Shri Arun Verma, learned AGA has submitted that he is unable to comprehend as to how in the light of specific dying declaration of the deceased before her death, wherein she had levelled specific allegation of pouring diesel on her body and setting her into fire by all accused persons, the charge sheet has been filed under Sections 108(1), 82(1) BNS, inasmuch as this is a case of cold blooded murder. Shri Verma has also stated that though charges have not been framed in the present case, only charge sheet has been filed, therefore, learned trial Court may frame charge under appropriate sections. He further submits that in any circumstances, looking into the facts and circumstances of the case, the charge sheet should not have been filed under Sections 108(1), 82(1) BNS, rather it could have been filed under Sections 103(1) or 82(2) BNS.

6. Replying the aforesaid contentions of Shri Arun Verma, learned AGA, learned counsel for the applicant has stated that if after completion of the investigation the charge sheet has been filed under Section 108 BNS, then it is clear that at this stage that the prosecution agency has not found any material or evidence to suggest that the present applicant has killed her daughter-in-law by pouring diesel on her body and setting her into fire. In that case, the prosecution will have to establish any overt act of the present applicant to instigate the victim to commit suicide. Both the aforesaid ingredients are missing, therefore, the allegation of dying declaration may not be treated as trust worthy at this stage.

7. Besides, the present applicant is a lady, therefore, she may be given the benefit of Section 480 BNSS. The applicant has no prior criminal history of any kind whatsoever. She is having her permanent address, therefore, there is no flight risk. Therefore, if the present applicant is enlarged on bail, she undertakes that she shall cooperate in the trial proceedings and shall not misuse the liberty of bail.

8. Learned AGA and learned counsel for the complainant have again opposed this bail application by submitting that the deceased was murdered brutally, therefore, this bail application may be rejected.

9. Having heard the learned counsel for the parties and having perused the material on record, though the deceased had recorded her dying declaration before her death wherein specific allegation has been levelled against the present applicant and other accused persons, but charge sheet has been filed only under Sections 108(1), 82(1) BNS and considering the fact that the present applicant is an old aged lady of 55 years, she may be granted the benefit of Section 480 BNSS, therefore, considering the undertaking given by the applicant that she will not misuse the liberty of bail if granted to her and that she shall cooperate in the trial proceedings.

10. Accordingly, the bail application is allowed.

11. Let applicant- Mallo Devi 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 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/ her presence proclamation under Section 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 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. (v) The applicant shall not leave India without previous permission of the court.

12. Before parting with it is made clear that the present applicant/ accused has been granted bail considering the fact that she is a lady and has been given the benefit of Section 480 BNSS, therefore, other accused may not claim parity with the present accused/ applicant. Besides, it is expected from the trial Court that at the time of framing charges all facts and circumstances of the case including the dying declaration would be considered carefully. (Rajesh Singh Chauhan, J.) Order Date :- 24.1.2025 Arnima ARNIMA SINGH ARNIMA SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench