Neutral Citation No. - 2025:AHC:37852 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8924 of 2025 Applicant :- Smt. Sunita Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure / under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Smt. Sunita, seeking enlargement on bail during trial in connection with Case Crime No. 71 of 2023, under Sections 304-B, 498-A, 120-B I.P.C. and Section 3/4 D.P. Act, Police Station Sajeti, District Kanpur Nagar. 4. Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Smt. Vandana. It is submitted that the deceased committed suicide by consuming poison. There is no bodily injury found by the doctor conducting the postmortem examination. It is submitted that viscera was preserved since the cause of death could not be ascertained and as per the viscera report the same was found to have contain Paraphenylenediamine. It is submitted that Rampal the husband of the applicant, Ram Khilawan the father of the deceased and Naresh the son of the applicant are the witnesses of the inquest and at that point of time no complaint was made by the first informant regarding any unnatural death. Subsequently after one day the present first information report has been lodged. It is further submitted that co-accused Rampal the father-in-law of the deceased has been granted bail by a co- ordinate Bench of this Court vide order dated 06.01.2025 passed in Criminal Misc. Bail Application No. 46274 of 2024, the copy of the said order is annexed as Annexure-8 to the affidavit. The applicant is a lady and is entitled to the benefit of Section 480 B.NS.S. The applicant has no criminal history as stated in para 29 and is in jail since 31.08.2024. 5. Per contra, learned counsel for the State has opposed the prayer for bail and argued that the applicant is named in the first information report along with other accused persons and there are allegations against her. 6. After having heard learned counsel for the parties and perusing the record, it is apparent that the applicant is mother-in-law of the deceased. General and omnibus allegations have been levelled against the applicant and other accused persons in the first information report. Co-accused Rampal the father-in-law of the deceased has been granted bail. 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- Smt. Sunita, 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. 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. Order Date :- 18.3.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad