Laungsri vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 36139 of 2025

Laungsri

	Versus	.....Ap	plicant(s)
State of U.P.		....	.Opposite Party(s)
Counsel for Applicant(s)	: Chandra Prakash Mishra	Pandey,	Saurabh
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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List revised.

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Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned AGA for the State and perused the material on record.

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Learned A.G.A. submits that he has received instructions to the supplementary affidavit dated 04.11.2025 for which time was prayed which was allowed on 26.11.2025.

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This bail application under Section 483 of B.N.S.S. has been filed by the applicant- Laungsri seeking enlargement on bail during trial in connection with Case Crime No. 0214 of 2025, under Section(s) 85, 80(2) B.N.S. and 3/4 D.P. Act, registered at P.S. Kadrigate, DistrictFarrukhabad.

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Learned counsel for the applicant argued that applicant is mother-inlaw of the deceased. It is argued that marriage of the deceased/Smt. Monika the sister of the informant was solemnized with Mithun the son of the applicant 16.11.2024. It is argued that general and omnibus allegations have been levelled against all the accused persons. It is argued that the husband of the deceased has been arrested and is in jail. It is further argued that except ligature mark on the body of the deceased there was no other bodily injury and cause of death of the deceased as opined by the doctor is asphyxia as a result of ante mortem hanging. It is further

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BAIL No. 36139 of 2025

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2

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argued that the applicant has been falsely implicated in the present case only being the family member of the husband of the deceased. It is further argued that the applicant is a lady and is entitled to the benefit of Section 480 BNSS. The applicant is having no criminal history as stated in para-10 and 12 of the affidavit and is in jail since 05.8.2025.

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Per contra, learned AGA 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 mother-in-law of the deceased. The applicant is a lady and as such she is entitled to the benefit of Section 480 BNSS. Cause of death is asphyxia as a result of ante mortem hanging.

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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- Laungsri, 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 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 presence proclamation under section 84 BNSS, 2023 may be issued and if applicant fails to appear before the court on the date

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BAIL No. 36139 of 2025

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3

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fixed in such proclamation, then, the trial court shall initiate proceedings against her, 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) 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.

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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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December 10, 2025

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Naresh

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Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad

Laungsri v. State of U.P.

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Laungsri v. State of U.P.

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