Smt Santoshi Devi v. State of U.P.
Case brief
What is this about?
Allahabad High Court (Samit Gopal, J.) allowed a Section 483 BNSS bail application of Smt. Santoshi Devi (mother-in-law of deceased Divya) in Case Crime No. 189 of 2025, Sections 85, 80(2) BNS and Section 3/4 D.P. Act, P.S. Jaithra, District Etah; death was by asphyxia from antemortem hanging, the husband co-accused was already in jail, charge sheet was confined to the applicant, her son and the father-in-law, and the Court found no convincing material suggesting tampering with evidence; bail granted on personal bond and two sureties with standard conduct/appearance conditions.
What did the court decide?
Bail granted to Smt. Santoshi Devi on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with conditions: (i) not to tamper with prosecution evidence or harm/harass the victim/complainant; (ii) to abide by court orders and attend on every date without delaying trial; (iii) to file an undertaking not to seek adjournment when witnesses are present, failing which default may be treated as abuse of liberty of bail; (iv) not to misuse liberty of bail, with proclamation under section 84 BNSS, 2023 and proceedings under section 209 BNS, 2023 on misuse/non-appearance; (v) personal presence before the trial court at opening of the case, framing of charge and recording of statement under Section 351 BNSS, 2023, with consequences under Section 269 BNS, 2023 for deliberate absence; (vi) trial court to endeavour to conclude the trial expeditiously. Surety identity/status/residence to be verified; breach entitles cancellation of bail.