Neutral Citation No. - 2025:AHC:76715 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4514 of 2025 Applicant :- Smt. Maya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Chaurasiya Counsel for Opposite Party :- Amarendra Mani,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sandeep Kumar Chaurasiya, learned counsel for the applicant, Sri Amarendra Mani, learned counsel for the first informant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This matter is nominated to this Bench vide order dated 08.04.2025 of Hon'ble The Chief Justice. 4. This bail application under Section 439 Cr.P.C. has been filed by the applicant Smt. Maya Devi, seeking enlargement on bail during trial in connection with Case Crime No. 565 of 2024, under Sections 323, 328 302, 498-A IPC, registered at P.S. Majhola, District Moradabad. 5. Learned counsel for the applicant argued as follows: (i) The applicant has been falsely implicated in the present case. (ii) The applicant is the mother-in-law of the deceased Akansha. (iii) The marriage of the deceased Akansha was solemnized with Manoj Saini son of the applicant in the year 2015. (iv) General and omnibus allegations have been levelled against the applicant. (v) Postmortem examination report shows that the cause of death could not be ascertained and viscera was preserved which after examination, aluminium phosphide poison was found in it. There was no external injury seen at the time of postmortem examination. (vi) Manoj Saini the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 33 of the affidavit and is in jail since 26.09.2024. (viii) The applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C. 6. Per contra, learned counsel for the first informant submits that he has no instructions to oppose the bail application. Learned counsel for the State opposed the prayer for bail. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother-in-law of the deceased. The cause of death could not be ascertained and viscera was preserved which after examination, aluminium phosphide poison was found in it. Manoj Saini the husband of the deceased is in jail. 8. 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. 9. Let the applicant Smt. Maya Devi, 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 82 Cr.P.C., 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 174-A I.P.C. (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 313 Cr.P.C. 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 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. Order Date :- 12.5.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad