Neutral Citation No. - 2025:AHC:65143 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9254 of 2025 Applicant :- Nagesari Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Singh Counsel for Opposite Party :- Ashok Kumar Singh,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Ajit Kumar Singh, learned counsel for the applicants, Sri Ashok Kumar Singh, learned counsel for the first informant, Sri Ajay Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicants-Nagesari Devi and Sitaram Yadav, seeking enlargement on bail during trial in connection with Case Crime No.528 of 2024, u/s 80(2), 85 BNS, 3/4 D.P. Act, registered at P.S.Sarnath, Varuna (Commissionerate Varanasi), District Varanasi. 4. Learned counsel for the State states that he has received instructions in the matter for which he was granted time on 19.3.2025. 5. Learned counsel for the applicants argued as follows: (i) The applicants have been falsely implicated in the present case. (ii) The applicant no.1 Nagesari devi is the mother-in-law and applicant no.2 Sitaram Yadav is the father-in-law of the deceased Anchal Yadav. (iii) The marriage of the deceased Anchal Yadav was solemnized with Radhey Shyam Yadav, the son of the applicants on 9.7.2024. (iv) General and omnibus allegations have been levelled against the applicants. (v) The applicants are old persons as applicant no.1 is aged about 65 years and applicant no.2 is aged about 72 years, para 35 of the affidavit in support of bail application has been placed before the Court. (vi) Although the deceased was found to have received a ligature mark on her body but the opinion of the doctor conducting the postmortem report was that the cause of death could not be ascertained and hence viscera was preserved. The viscera report after examination of viscera did not find any chemical poison in it. (vii) Radhey Shyam Yadav, the husband of the deceased is in jail. (viii) The applicants have no criminal history as stated in para 45. The applicant no.1 is in jail since 25.11.2024 and applicant no.2 is in jail since 20.12.2024. (ix) The applicant no.1 is a lady and she is entitled to the benefit of Section 480 BNSS. 6. Per contra, learned counsel for the first informant and 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 applicants are motherin-law and father-in-law of the deceased. As per viscera report the viscera did not find any chemical poison in it. The husband of the deceased is in jail. The applicant no.1 is a lady. 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 applicants may be enlarged on bail. 9. Let the applicants-Nagesari Devi and Sitaram Yadav, be released on bail in the aforesaid case crime number on furnishing personal bonds 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 applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants 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 applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure her/him presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023. (v) The applicants 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 BNSS, 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants. 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 applicants to prison. 11. The bail application is allowed. 12. Pending application(s), if any, shall stand disposed of. (Samit Gopal, J.) Order Date :- 28.4.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad