Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6503 of 2025 Applicant :- Manju Devi Opposite Party :- State of U.P. Counsel for Applicant :- Nandini Pandey,Sanjeev Kumar Mishra Counsel for Opposite Party :- G.A.,Raghuraj Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sanjeev Kumar Mishra, learned counsel for the applicant, Sri Raghuraj Singh, learned counsel for the first informant and Sri Birendra Pratap Singh, learned counsel for the State and perused the record. 3. Vakalatnama of Sri Raghuraj Singh, learned counsel for the first informant is not on record. 4. Office to trace out the same and place it on record and make a note in the order sheet about it. 5. The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant Manju Devi, seeking enlargement on bail during trial in connection with Case Crime No. 406 of 2024, under Sections 80(2), 85 B.N.S.S. and Section 3/4 Dowry Prohibition Act, Police Station Narkhi, District Firozabad. 6. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is submitted that the the applicant is the mother-in-law of the deceased Smt. Bhoori Devi. It is submitted that the deceased committed suicide and died, which is suggestive from the post mortem examination report wherein the deceased was found to have received a single ligature mark on her body and the cause of death was opined as asphyxia as a result of hanging. It is submitted that the accused Aman, husband of deceased is in jail. It is further submitted that although, the first information report was lodged against five persons including the applicant but Gaurav and Boby, Dewar of the deceased have been exonerated from the offences whereas the charge sheet in the matter has been submitted against the applicant and two other persons. It is further submitted that the investigation in the matter has thus concluded and as such there are no chances of the applicant tampering with the evidence. It is submitted that the applicant is lady and is entitled to get benefit of Section 480 B.N.S.S., 2023. The applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 28.12.2024. 7. Per contra, learned counsel for the State and first informant vehemently opposed the prayer for bail. 8. 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 of deceased is asphyxia as a result of hanging. The deceased was found to have received single ligature mark on her body. The investigation in the matter has concluded. Aman the husband of deceased is in jail. 9. 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. 10. Let the applicant Manju 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 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. 11. 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. 12. The bail application is allowed. 13. 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