Neutral Citation No. - 2025:AHC:75397 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11299 of 2025 Applicant :- Durgesh Alias Durgesh Nandani Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Gaurav Srivastav, learned counsel for the applicant and Sri Ajay Kishore Shukla, learned counsel for the State and perused the material on record. 3. Learned counsel for the State submits that he has received instructions in the matter for which time was granted to him on 07.04.2025. 4. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Durgesh @ Durgesh Nandani, seeking enlargement on bail during trial in connection with Case Crime No. 11 of 2025, under Sections 80(2), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Hari Parwat, District Agra. 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 Smt. Kripa Kumari. (iii) The marriage of the deceased Kripa Kumari was solemnized with Vivek Gautam the son of the applicant in April 2022. (iv) General and omnibus allegations have been levelled against the applicant. (v) The deceased committed suicide which is suggestive from the postmortem examination report, wherein, the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging. (vi) Vivek Gautam the husband of the deceased is in jail. (vii) The applicant has no criminal history as stated in para 24 and is in jail since 07.02.2025. (viii) It is submitted that the first information report has been lodged after an unexplained delay of 03 days. While placing paragraph 13 of the affidavit it is submitted that at the time of inquest two maternal uncle Dheeraj and Neeraj of the deceased were present and were witnesses of the same but they did not whisper anything about demand of dowry and cruelty. (ix) The applicant is a lady and she is entitled to the benefit of Section 480 B.N.S.S. 6. Per contra, 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 is asphyxia as a result of antemortem hanging. Vivek Gautam the husband of the deceased is in jail. The applicant 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 applicant may be enlarged on bail. 9. Let the applicant- Durgesh @ Durgesh Nandani, 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/he 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/him 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/him, 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/him in accordance with law and the trial court may proceed against her/him 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. 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 :- 9.5.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad