Neutral Citation No. - 2025:AHC:37615 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5470 of 2025 Applicant :- Sangita Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant and Sri Ajay Singh, learned AGA-I for the State and perused the record. 3. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant Sangita seeking enlargement on bail during trial in connection with Case Crime No.360 of 2024, under Sections 85, 80(2) B.N.S.S. and Section 3/4 Dowry Prohibition Act, Police Station Rajghat, District Gorakhpur. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the mother-in-law of the deceased Smt. Khushi. It is submitted that the deceased committed suicide and died, which is suggestive from the post mortem examination report wherein the doctor found a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of hanging. It is further submitted that there are general and omnibus allegations levelled against the applicant. It is submitted that Vikas the husband of deceased is in jail. Further while placing paragraph 6 of the supplementary affidavit, it is submitted that the investigation in the matter has been concluded and a charge sheet has been submitted on 22.12.2024. It is further stated that since the investigation has been concluded and charge sheet has been submitted in the matter, there are no chances of the applicant tampering with the evidence. It is further submitted that the applicant is lady and is entitled to benefit of Section 480 B.N.S.S., 2023. The applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 18.12.2024. 5. Per contra, learned counsel for the State and first informant vehemently opposed the prayer for bail. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother is law of the deceased. The deceased was found to have received single ligature mark on her body. The cause of death of deceased was opined as asphyxia as a result of hanging. The investigation in the matter has been concluded and the charge sheet has been submitted in the matter. Vikas the husband of deceased is in jail. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant Sangita, be released on bail in the aforesaid case crime number on 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 84 B.N.S.S., 2023, may be issued and if 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 209 B.N.S.S., 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 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 and the trial court may proceed against her under Section 269 B.N.S.S., 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed. 11. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 17.3.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad