Neutral Citation No. - 2025:AHC:40263 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2102 of 2025 Applicant :- Sonam Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Prakash Chaturvedi Counsel for Opposite Party :- Alauddin,Fakhruddin,G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Vijay Prakash Chaturvedi, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. Sri Alauddin and Sri Fakhruddin, learned counsels for the first informant are not present even when the matter has been taken up in the revised list. 4. This bail application under Section 439 of Code of Criminal Procedure/483 BNSS has been filed by the applicant Sonam, seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Shohratgarh, District Siddharth Nagar. 5. Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased Archana. It is submitted that the general and omnibus role has been assigned to the applicant without any specification therein. While placing annexure 5 of the affidavit it is submitted that Ratiram the father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Cout vide order dated 12.11.2024 passed in Crl. Misc. Bail Application No. 41430 of 2024 (Ratiram Vs. State of U.P.). It is further submitted that Phoolchand @ Sautam the husband of the deceased has also been granted bail by a co-ordinate Bench of this Court vide order dated 23.01.2025 passed in Crl. Misc. Bail Application No. 45243 of 2024 (Phoolchand Alias Sautam Vs. State of U.P.), copy of the order is annexed as annexure S.A.1 to the supplementary affidavit dated 17.03.2025. It is further submitted that charge sheet in the matter has been submitted on 20.12.2024 and as such there are no chances of the applicant tampering with evidence. The applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 07.12.2024. It is submitted further that the applicant is a lady and she is entitled to the benefit of Section 480 BNSS. 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. Charge sheet in the matter has been submitted. Co- accused Phoolchand @ Sautam the husband of the deceased and Ratiram the father-in-law of the deceased have been granted bail. 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 Sonam, 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. 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 :- 20.3.2025 M. ARIF (Samit Gopal, J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad