Neutral Citation No. - 2025:AHC:105901 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19899 of 2025 Applicant :- Smt. Basanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Goswami Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajeev Goswami, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Smt. Basanti Devi, seeking enlargement on bail in Case Crime No. 435 of 2025, under Sections 498-A, 302, 201 IPC, Police Station Chhata, District Mathura. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this very case crime number and is languishing in jail since 7.12.2023. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased. The FIR has been lodged with general allegations. During the course of investigation, co-accused Laxman, Rakhi, and Neetu have been exonerated from the proceedings. Learned counsel for the applicant submits that eye witness Mayank, who is son of the deceased, in his statement recorded under Section 164 Cr.P.C. has specifically said that applicant (Basanti), co-accused Chaila and Kanha have reached on the spot after the death of his mother. Said eye witness has also specifically levelled allegation against his father of pouring petrol and setting ablaze his mother. Learned counsel for the applicant submits that co-accused Chhailbihari @ Chhaila and Kanheya @ Kanha have already been enlarged on bail by co-ordinate Bench of this Court in Crl. Misc. Bail Application No. 11994 of 2024 & 24388 of 2024, respectively on 13.5.2025. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence including the statement of eye witness Mayank recorded under Section 164 Cr.P.C., reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Smt. Basanti Devi, involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 7.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad