Smt. Manju Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35157 of 2025

Smt. Manju

.....Applicant(s)

Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) :	Amit Kumar Srivastava
Counsel for Opposite Party(s) :	G.A.

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Court No. - 66

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HON'BLE SAMIT GOPAL, J.

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1. List revised.

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Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record.

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This bail application under Section 483 BNSS has been filed by the applicant Smt. Manju, seeking enlargement on bail during trial in connection with Case Crime No. 244 of 2024 (Session Trial No. 654 of 2024), under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Premnagar, District Bareilly.

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The FIR of the matter was lodged on 12.07.2024 by Rahul Kumar against the applicant and Sonu Mandal the husband of the deceased alleging therein that Priti the sister of the informant was married to Sonu. The accused persons murdered her for dowry. Report be lodged and action be taken.

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Learned counsel for the applicant submitted that the applicant is the mother-in-law of the deceased and she has been falsely implicated in the present case. It is submitted that vague and general allegations have been levelled against the applicant. It is further submitted that the deceased was found to have received a semi ligature mark on the front of her neck and the doctor opined the cause of death is strangulation due to asphyxia and hypoxia to brain tissue. It is submitted that there was never any demand of dowry by the applicant. It is submitted that charge sheet in the matter has been submitted against the applicant and co-accused Sonu Mandal on 26.09.2024, para 8 of the affidavit has been placed before the Court. It is further submitted that the informant Rahul Kumar has been examined as PW-1, Smt. Poonam Devi the mother of the deceased has been examined as PW-2 and Sapna Devi the elder sister of the deceased has been examined as PW-3 and all the said three witnesses have been declared

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BAIL No. 35157 of 2025

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hostile, copy of the said statements have been placed before the Court which are annexure 4 to 6 respectively to the affidavit. It is submitted that as such there is no credible evidence against the applicant. It is submitted that the applicant is a lady and she is entitled to the benefit of 480 BNSS. It is submitted that the applicant has no never been involved in any type of criminal activities as stated in para 27 of the affidavit and is in jail since 17.07.2024.

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Per contra, learned counsel for the State opposed the prayer for bail.

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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 strangulation due to asphyxia and hypoxia to brain tissue. Charge sheet in the matter has been submitted against the applicant. The applicant is a lady.

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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.

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Let the applicant Smt. Manju, 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:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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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.

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(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.

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(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.

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(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)

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BAIL No. 35157 of 2025

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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.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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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.

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The bail application is allowed .

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Pending application(s), if any, shall stand disposed of.

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(Samit Gopal,J.)

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October 13, 2025 M. ARIF

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Smt. Manju v. State of U.P.

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