Neutral Citation No. - 2025:AHC:86820 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14257 of 2025 Applicant :- Sarvesh Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Singh Counsel for Opposite Party :- G.A.,Lalit Kumar Misra Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Lalit Kumar Mishra, learned counsel for the first informant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record. 3. Learned counsel for the State submits that he has filed a compliance affidavit dated 13.5.2025 in the office in compliance of the order dated 30.4.2025 of this Court. The same is not on the record. He has produced before the Court photocopy of the same, which is taken on record. 4. Office is directed to trace out the said affidavit of compliance dated 13.5.2025 and restore it in the file and make a note about it in the order sheet. 5. Perusal of the viscera report goes to show that viscera was not found to contain any chemical poison. 6. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sarvesh Gupta, seeking enlargement on bail during trial in connection with Case Crime No.571 of 2024, under Sections 85, 80(2), 351(2) B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Beta-2, District Gautam Budh Nagar. 7. 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. Pooja Gupta was solemnized with Rahul Gupta the son of the applicant on 13.12.2018. 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 that although ligature mark was found on the body of the deceased but cause of death could not be ascertained and viscera was preserved which did not find any poison in it. 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- 31 of the affidavit and is in jail since 13.12.2024. 8. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail but could not dispute the arguments as raised. 9. 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. Although ligature mark was found on the body of the deceased but cause of death could not be ascertained and viscera was preserved which did not find any poison in it. The husband of the deceased is in jail. 10. 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. 11. Let the applicant- Sarvesh Gupta, 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. 12. 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. 13. The bail application is allowed. 14. Pending application(s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 22.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad