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2025 DIGILAW 517 (ALL)

Laungshree v. State of U. P.

2025-03-21

SAMIT GOPAL

body2025
JUDGMENT : Samit Gopal, J. 1. List revised. 2. Heard Sri Lokesh Kumar Dwivedi, learned counsel for the applicants, Sri Sanjay Singh, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicants Smt. Laungshree and Kishorilal, seeking enlargement on bail during trial in connection with Case Crime No. 231 of 2024, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act , registered at P.S. Fatehabad, District Agra. 4. Learned counsel for the applicants argued as follows: (i) The applicants have been falsely implicated in the present case. (ii) The applicant no.1 is the mother-in-law and the applicant no.2 is the father-in-law of the deceased Smt. Aneeta. (iii) The marriage of the deceased was solemnized with Lavkush son of the applicants on 16.02.2022. (iv) General and omnibus allegations have been levelled against the applicants. (v) The cause of death is asphyxia as a result of antemortem hanging with a single ligature mark. (vi) Lavkush the husband of the deceased is in jail. (vii) The applicants have no criminal history as stated in para 31 of the affidavit and are in jail since 28.11.2024 and 26.10.2024 respectively. (viii) The investigation has concluded and charge sheet has been submitted against the applicants and co-accused Lavkush whereas Shivcharan/chachiya sasur and Sapna/nand of the deceased have been exonerated, para 20 of the affidavit has been placed before the Court. (ix) The applicant no.1 is aged about 64 years and the applicant no.2 is aged about 66 years and are suffering from the old diseases, para 26 of the affidavit has been placed before the Court. (x) The applicant no.1 is a lady and she is entitled to the benefit of Section 480 BNSS. 5. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the deceased died within three years of marriage in her matrimonial house. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are mother-in-law and father-in-law of the deceased. The cause of death is asphyxia as a result of antemortem hanging. Lavkush the husband of the deceased is in jail. The applicant no. 1 is a lady. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are mother-in-law and father-in-law of the deceased. The cause of death is asphyxia as a result of antemortem hanging. Lavkush the husband of the deceased is in jail. The applicant no. 1 is a lady. Charge sheet in the matter has been submitted against the applicants. 7. 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. 8. Let the applicant Smt. Laungshree and Kishorilal , 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:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any (iii) The applicants shall file an undertaking to the effect that they 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 applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure them presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023. (v) The applicants 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. (v) The applicants 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 applicants are 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 them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants. 9. 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 applicants to prison. 10. The bail application is allowed 11. Pending application(s), if any, shall stand disposed of.