Allowed¶26

Kamla v. State of U.P.

Allahabad HC10 Dec 2025BAIL/43438/2025

Case brief

AI extract

What is this about?

Bail granted - Kamla (mother-in-law of deceased Mohini Yadav) | Case Crime No. 174 of 2025, P.S. Ajnar, Dist. Mahoba | Sections 80(2), 85 BNS + Section 3/4 Dowry Prohibition Act | death by ingested poisonous substance, viscera contained Aluminium Phosphide | husband Satish Yadav in jail | co-accused father-in-law Veer Singh earlier granted bail (Bail Appln. No. 32101 of 2025, dt. 27.11.2025) | lady applicant, Section 480 BNSS benefit urged | no criminal history, in jail since 23.08.2025 | Section 483 BNSS bail application allowed on personal bond and two sureties with standard conduct conditions.

What did the court decide?

Release of applicant Kamla on bail in Case Crime No. 174 of 2025 on a personal bond and two sureties each in the like amount, subject to six imposed conditions; pending applications, if any, disposed of. ¶26

Kamla vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Kamla, mother-in-law of the deceased Smt. Mohini Yadav, facing charges in Case Crime No. 174 of 2025 (Sections 80(2), 85 BNS and Section 3/4 Dowry Prohibition Act), should be enlarged on bail during trial.

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Court's answer

Considering the facts and circumstances, the nature of evidence and the absence of any convincing material indicating the possibility of tampering with the evidence, the Court held that the applicant may be enlarged on bail.

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Ratio / Principle

The applicant was directed to be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount, subject to conditions imposed in the interest of justice, including no tampering with prosecution evidence, attendance on every date, no adjournment-seeking on evidence dates, personal presence at opening of the case, framing of charge and recording of statement under Section 351 BNSS, 2023, with liberty to the trial court to cancel bail and proceed under Sections 209/269 BNS, 2023 and Section 84 BNSS, 2023 on breach or misuse.

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Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.; December 10, 2025) allowed Criminal Misc. Bail Application No. 43438 of 2025 under Section 483 BNSS, 2023 and enlarged Kamla, mother-in-law of the deceased Smt. Mohini Yadav, on bail during trial in Case Crime No. 174 of 2025 (P.S. Ajnar, Dist. Mahoba) registered under Sections 80(2), 85 BNS and Section 3/4 Dowry Prohibition Act. Cause of death was ingestion of unknown poisonous substance, the viscera revealing Aluminium Phosphide; the husband Satish Yadav remained in jail; co-accused father-in-law Veer Singh had been granted bail on 27.11.2025 (Criminal Misc. Bail Application No. 32101 of 2025). Finding no convincing material indicating possible tampering with evidence, and noting the applicant is a lady entitled to consideration under Section 480 BNSS with no criminal history and in custody since 23.08.2025, the Court released her on a personal bond and two sureties each in the like amount, imposing conditions including no tampering with prosecution evidence, attendance on every date, no adjournment on evidence dates, and personal presence at opening of the case, framing of charge and recording of statement under Section 351 BNSS, 2023, with the trial court empowered to proceed under Sections 209/269 BNS, 2023 and Section 84 BNSS, 2023 and to cancel bail on breach.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. BAIL APPLICATION No. - 43438 of 2025

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Kamla

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.....Applicant(s)

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	Versus
State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Brajesh Nath Rai, Rahul Mishra : 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 Brajesh Nath Rai, learned counsel for the applicant and Sri Bade Lal Bind, 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- Kamla , seeking enlargement on bail during trial in connection with Case Crime No. 174 of 2025, under Sections 80(2), 85 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Ajnar, District Mahoba.

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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. Mohini Yadav.

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(iii) The marriage of the deceased Mohini was solemnized with Satish Yadav the son of the applicant on 18.04.2024.

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

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(v) The deceased was not found to have received any injury on her body and in the opinion of the doctor conducting the postmortem examination the mode of death is shock and the cause of death is due to ingestured unknown poisonous substance. The viscera was preserved which after examination was found to contain Aluminium Phosphide poison in it.

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(vi) Satish Yadav the husband of the deceased is in jail.

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(vii) The applicant has no criminal history as stated in para 32 and is in jail since 23.08.2025.

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BAIL No. 43438 of 2025

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(viii) Co-accused Veer Singh the father-in-law of the deceased has been granted bail by this Court vide order dated 27.11.2025 passed in Criminal Misc. Bail Application No. 32101 of 2025 (Veer Singh Vs. State of U.P.), the copy of the said order has been produced before the Court which is taken on record.

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(ix) 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 mode of death is shock and the cause of death is due to ingestured unknown poisonous substance. The viscera was preserved which after examination was found to contain Aluminium Phosphide poison in it. The husband of the deceased is in jail. The applicant is a lady. Co-accused Veer Singh the father-in-law of the deceased has been granted bail.

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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- Kamla , 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

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BAIL No. 43438 of 2025

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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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December 10, 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

Kamla v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamla v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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