The court granted bail to the applicant, emphasizing the absence of evidence for tampering and the applicant's status as a woman, while imposing conditions to ensure compliance during trial.

Hon'ble Samit Gopal,J.

1. List revised.

2. Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Manoj Kumar Singh, learned counsel for the first informant, Sri V.D. Ojha, learned counsel for the State and perused the material on record.

3. In the cause list the name of Sri Manoj Kumar Singh is printed as learned counsel for the first informant but there is no vakalatnama on record of the said learned counsel. Office to trace out the same and place the same on record, if filed, by the next date and make a note in the order sheet regarding the same.

4. This bail application under Section 483 BNSS has been filed by the applicant-Smt. Shailkumari, seeking enlargement on bail during trial in connection with Case Crime No.651 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S.Handia, District Prayagraj.

5. 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 Manisha.

(iii) The marriage of the deceased Manisha was solemnized with Subhash, the son of the applicant 25.6.2021.

(iv) General and omnibus allegations have been levelled against the applicant.

(v) As per postmortem examination report, the deceased was found to have received single ligature mark on her body and the cause of death is asphyxia as a result of ante-mortem hanging.

(vi) Subhash, the husband of the deceased is in jail.

(vii) The applicant has no criminal history as stated in para 21 and is in jail since 18.11.2024.

(viii) The applicant is a lady and she is entitled to the benefit of Section 480 BNSS.

6. Per contra, learned counsel for the first informant and 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. The cause of death is asphyxia as a result of ante- mortem hanging. 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-Smt. Shailkumari, 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/he 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/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 tr