Khurshida vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41126 of 2025

Khurshida

.....Applicant(s)

Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Krishna Kant Dubey, Santosh Kumar Dubey
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 Krishna Kant Dubey, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Khurshida , seeking enlargement on bail during trial in connection with Case Crime No. 91 of 2025, under Sections 85, 80, 115(2), 352 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Niwadi, District Ghaziabad.

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Learned counsel for the applicant argued as follows:-

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(i) The applicant has been falsely implicated in the present case.

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(ii) The applicant is the mother-in-law of the deceased Smt. Sahiba.

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(iii) The marriage of the deceased Sahiba was solemnized with Sameer the son of the applicant on 22.06.2024.

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(iv) General and omnibus allegations have been levelled against the applicant.

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(v) The deceased committed suicide which is suggestive from the postmortem examination report, wherein, the deceased has received a single ligature mark on her body and the cause of death has been opined as asphyxia as a result of antemortem hanging.

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BAIL No. 41126 of 2025

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2

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(vi) Sameer the husband of the deceased and Shafiq @ Shafiquddin the father-in law of the deceased are in jail, paragraph 17 of the affidavit has been placed for the same.

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(vii) While placing paragraph 11 of the affidavit it is submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicant and two other co-accused. The applicant has no criminal history as stated in para 22 and is in jail since 25.05.2025.

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(viii) The applicant is a lady and she is entitled to the benefit of Section 480 B.N.S.S.

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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 asphyxia as a result of antemortem hanging. Sameer the husband of the deceased and Shafiq @ Shafiquddin the father-in law of the deceased are in jail are in jail. 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- Khurshida , 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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BAIL No. 41126 of 2025

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3

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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) 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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November 21, 2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Khurshida v. State of U.P.

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Khurshida v. State of U.P.

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