HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25962 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Ashutosh Kumar Pandey, learned counsel for the applicant, Sri Triveni Saran Rai, 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-Sanju Devi, seeking enlargement on bail during trial in connection with Case Crime No.117 of 2025, under Sections 85, 108 B.N.S and 3/4 Dowry Prohibition Act, P.S. Mardah, District Ghazipur. 4. The FIR of the matter was lodged on 6.5.2025 by Pappu Basphor against the applicant, Santosh Basphor and Kanhaiya Basphor alleging therein that the marriage of his daughter Sundari was solemnized with Santosh Basphor in the year 2017 and from the wedlock she had two children. The accused persons used to demand of dowry from her and used to torture and assault of her. Due to torture and ill-treatment, his daughter committed suicide by hanging herself on 3.5.2025. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that applicant is the mother-in- law of the deceased and has been falsely implicated in the present case. It is further argued that the deceased Smt. Sundari Devi committed suicide and died and the doctor found a single ligature mark on her body and the cause of death was opined as asphyxia as a result of hanging. It is further argued that there is no abetment and instigation of any kind by the applicant which Versus Counsel for Applicant(s) : Ashutosh Kumar Pandey Counsel for Opposite Party(s) : G.A. Sanju Devi .....Applicant(s) State of U.P. .....Opposite Party(s) has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. The applicant has no motive at all to commit the aforesaid offence. The marriage of the deceased was solemnized with Santosh Basphor, the son of the applicant in the year 2017. Santosh Basphor, the husband of the deceased is in jail. It is further argued that the applicant is a lady and is entitled to benefit of Section 437 Cr.P.C. It has also been pointed out that the applicant is not having any criminal history as stated in para 4 of the affidavit. The applicant is in jail since 9.6.2025. 6. Per contra learned counsel for the State opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the mother-in-law of the deceased. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. The applicant has no motive at all to commit the aforesaid offence. 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-Sanju 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 BAIL No. 25962 of 2025 2 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. September 25, 2025 Gaurav Kuls BAIL No. 25962 of 2025 3 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad