Neutral Citation No. - 2025:AHC:87952 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9663 of 2025 Applicant :- Smt. Nikhlesh Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ambreen Masroor,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- G.A.,Pradeep Kumar Yadav Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri N.I. Jafri, learned Senior Advocate, assisted by Sri S.I. Jafri, learned counsel for the applicant, Sri Pradeep Kumar Yadav, learned counsel for the first informant, Sri Deepak Mishra, learned AGA for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Smt. Nikhlesh Devi, seeking enlargement on bail during trial in connection with Case Crime No.406 of 2024, under Sections 80, 115(2), 351(3), 85 B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Jalesar, District Etah. 4. Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. It is argued that marriage of the deceased/Smt. Rekha @ Kuki was solemnized with Jaikumar @ Kanha the son of the applicant on 23.4.2018. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. It is argued that the husband of the deceased has been arrested and is in jail. It is argued while placing para-23 of the affidavit that the deceased had a son and a daughter aged about 5 years and 3 years respectively and she had no issue or complaints against her in-laws. It is further submitted by placing para- 7 of the rejoinder affidavit dated 10.5.2025 that previously F.I.R. was lodged against the applicant and co-accused persons as Case Crime No. 162 of 2020, u/s 498A, 304B, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Jalesar Etah in which case, after completion of investigation allegation was found to be false and concocted and as such closure report was submitted in favour of the applicant and other co-accused persons in the court concerned which was accepted by C.J.M., Etah on 14.12.2022 after hearing the counsel for the first informant, copy of the said order dated 14.12.2022 is annexure no. 1 to the rejoinder affidavit. It is further submitted by placing para-10 of the said rejoinder affidavit that investigation in the matter has concluded and a charge sheet has been submitted against the applicant and co- accused Jai Kumar alias Kanha under Sections 80/85, 115(2), 351(3) B.N.S. and Section 3/4 Dowry Prohibition Act, in the court concerned whereas other co-accused namely Radha, Raghav, Dil Kumar and Krishna have been exonerated by the police, copy of the said charge sheet dated 18.1.2025 is annexure no. 2 to the said rejoinder affidavit. It is argued that since charge sheet in the matter has been submitted there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. It is argued that the cause of death as opined by the doctor is asphyxia due to ante mortem hanging. It is further argued that apart from ligature marks on the body of the deceased no other bodily injury was found. It is argued that the applicant has been made accused in the present case because of she being a family member of the husband of the deceased. It is further argued that being a lady, she is entitled to the benefit of Section 480 BNSS. The applicant is having no criminal history as stated in para-30 of the affidavit and is in jail since 26.11.2024. 5. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail but could not dispute the arguments as aforesaid. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is mother-in-law of the deceased. The applicant is a lady and such she is entitled to the benefit of Section 480 BNSS. Cause of death is asphyxia as a result of ante mortem hanging. Charge sheet in the matter has been submitted against the applicant and co-accused Jai Kumar alias Kanha whereas other co-accused namely Radha, Raghav, Dil Kumar and Krishna have been exonerated by the police and as such there are no chances of the applicant tempering with the evidence or not co-operating in the investigation. 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. Nikhlesh 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 BNSS, 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 BNS, 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 BNSS, 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 BNS, 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 :- 23.5.2025/Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad