Bail application by mother-in-law of a deceased woman charged under Sections 85, 80(2), 115(2) BNS and Dowry Prohibition Act. Court noted cause of death was asphyxia due to antemortem hanging, husband already in jail, applicant is a lady with no criminal history, and granted bail subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31168 of 2025
Smt. Barfi
.....Applicant(s)
Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Atul Tej Kulshrestha, Vinay Singh Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMIT GOPAL, J.
(i) The applicant has been falsely implicated in the present case.
(ii) The applicant is the mother-in-law of the deceased Smt. Amrita.
(iii) The marriage of the deceased Amrita was solemnized with Arvind the son of the applicant on 17.02.2022.
(iv) General and omnibus allegations have been levelled against the applicant.
(v) Although the deceased was found to have received a 'V shape' incomplete ligature mark and two bruises on her body but the cause of death was opined as asphyxia as a result of antemortem hanging and the said two bruises as noted by the doctor did not contribute to
BAIL No. 31168 of 2025
2
her death.
(vi) Arvind the husband of the deceased is in jail.
(vii) While placing paragraph 13 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicant, Arvind and Mehru whereas two other co-accused namely Birju and Pintu have been exonerated. The applicant has no criminal history as stated in para 18 and is in jail since 30.04.2025.
(viii) The applicant is a lady and she is entitled to the benefit of Section 480 B.N.S.S.
(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
BAIL No. 31168 of 2025
3
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 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.
November 3, 2025 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, mother-in-law of the deceased facing charges under Sections 85, 80(2), 115(2) BNS and the Dowry Prohibition Act, should be enlarged on bail during trial.
10 provisions across 5 enactments
Smt. Barfi
State of U.P.
Samit Gopal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
