Neutral Citation No. - 2025:AHC:64044 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13639 of 2025 Applicant :- Smt. Munni Devi Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Chandra Shekhar Kushwaha, learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Smt. Munni Devi, seeking enlargement on bail during trial in connection with Case Crime No. 707 of 2023, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, registered at P.S. Naugawa Sadat, District Amroha. 4. 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 Kajal. (iii) The marriage of the deceased Kajal was solemnized with Amit son of the applicant two years ago. (iv) General and omnibus allegations have been levelled against the applicant. (v) In the postmortem examination report, doctor found an abrasion 1cm x 0.3cm over front of neck but the same was not the cause of death as the cause of death could not be ascertained and viscera was preserved. The viscera report has been received in which no chemical poison was found. The injury as received by the deceased was of a very trivial in nature. (vi) Amit the husband of the deceased is in jail, para 26 of the affidavit has been placed before the Court. (vii) The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 19.01.2025. (viii) The incident which is alleged to have taken place on 22.09.2023 but the FIR was lodged on 27.12.2023 which is after about three months of the alleged incident for which there is no explanation and the delay is totally unexplained. (ix) The applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C./480 BNSS. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. 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. Although in the postmortem examination report, an abrasion was found but the same was not contribute to her death. The cause of death could not be ascertained and viscera was preserved. In the viscera report no chemical poison was found in it. Amit the husband of the deceased is in jail. The applicant is a lady. 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. Munni 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 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 :- 25.4.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad