Bench of Samit Gopal, J. allowed bail to Rubeena Mansoori in a suicide abetment case under Section 108 BNS, noting her lack of mens rea and reliance on co-ordinate bail grants for other co-accused.
Applicant released on bail on furnishing personal bond and two sureties subject to specific conditions regarding attendance and non-tampering.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40381 of 2025
Rubeena Mansoori
| Versus | .....Ap | plicant(s) | ||
|---|---|---|---|---|
| State of U.P. | .... | .Opposite Party(s) |
||
| Counsel for Applicant(s) | : Jitendra Srivastava |
Prasad | Mishra, | Prateek |
| Counsel for Opposite Party(s) | : G.A. |
Court No. - 66
HON'BLE SAMIT GOPAL, J.
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deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. The applicant is a lady and she is entitled to the benefit of Section 480 B.N.S.S. Further it is submitted that co-accused Mehrunisha (mother-inlaw) has been granted bail by a co-ordinate Bench of this Court vide order dated 7.10.2025 passed in Criminal Misc. Bail Application No. 32694 of 2025, copy of the said order has been produced before the Court which is taken on record. The same reads as under:-
"1. Sri Vivek Kumar Singh, learned Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record.
2. Heard learned counsel for the applicant, Sri Vivek Kumar Singh, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State-respondent.
3. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 153 of 2025, under Section 108 BNS, 2023, Police Station- Girwan, District- Banda during the pendency of trial.
4. Counsel for the applicant contends that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. As per the allegations, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025) decided on 17.01.2025 and Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017) decided on 21.01.2025. The applicant is a lady who is in jail since 08.07.2025 having no criminal history and in case she is enlarged on bail, she will not misuse the said liberty.
5. Learned AGA as well as the counsel for the informant has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant has remained confined for almost three months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the
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trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
7. Let the applicant Mehrunisha, involved in the aforesaid case be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that she:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court."
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the applicant may be enlarged on bail.
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 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 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, 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 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.
(Samit Gopal,J.)
November 17, 2025
Kumar Manish
Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, accused of abetting suicide under Section 108 BNS, satisfies the conditions for bail under Section 483 B.N.S.S.
Whether the co-ordinate bail trends and absence of tampering risk warrant release on bail.
Colour shows how this judgement treated each authority
Mahendra Awase vs. The State of Madhya PradeshReferred¶18
Mahendra Awase vs. The State of Madhya Pradesh (Criminal Appeal No. 221 of 2025)
Laxmi Das vs. The State of West Bengal and Ors.Referred¶18
Laxmi Das vs. The State of West Bengal and Ors. (Criminal Appeal No. 706 of 2017)
7 provisions across 2 enactments
Rubeena Mansoori
State of U.P.
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
