Samit Gopal,J.

1. The Court is convened through video conferencing.

2. Heard Sri Brij Lal Shukla, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Paro @ Anuradha, seeking enlargement on bail during trial in connection with Case Crime No. 121 of 2020, under Sections 302/201 IPC, registered at P.S. Khesraha, District Siddharthnagar.

4. The prosecution case as per the First Information Report lodged by Rinku Nishad the husband of the applicant is that he was married to the applicant in the year 2014. From the wedlock two children namely Nikhil and Km. Nidhya were born. The couple were not having a happy married life. The applicant left her matrimonial house around ten months prior to the lodging of the First Information Report which is on 07.08.2020 and started living in her maternal house with her father. She went with her father and children to Mumbai and lived there for sometime and then came back to her maternal house. On 03.08.2020 the applicant called the first informant and was quite disturbed after which on asking the reason she told her that Nidhya has died and her dead body is lying in the field. On 04.08.2020 the first informant along with his family members went there and found the dead body of his daughter in the courtyard of the house. The inquest and the postmortem was conducted after which the first informant asked his wife as to how Nidhya has died to which she stated that she gave poison to the deceased and then threw her dead body in the field.

5. Learned counsel for the applicant argued that the allegations in the First Information Report are false and incorrect. It is argued that the postmortem of the deceased was conducted in which the doctor did not find any mark of external injury on her body. The cause of death could not be ascertained and the viscera was preserved. The viscera after examination was not found to be containing any poison. It is argued that the deceased died a natural death. It is argued that the applicant had no motive to commit the aforesaid offence. On the own showing in the First Information Report there was a marital discord between the first informant and the applicant, the same was the reason for falsely implicating the applicant. Learned counsel has further argued that the applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C. It is argued that the applicant has no criminal history as stated in para 27 of the affidavit and is in jail since 07.08.2020.

6. Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant was living with the deceased. No explanation whatsoever has been tendered by her as to how the deceased has died.

7. After having heard learned counsels for the parties and perusing the records, it is evident that the deceased has not received any bodily injury as per the postmortem report. The viscera was preserved. The viscera report does not find any poison in her viscera. The prosecution as such does not show of unnatural death of the deceased. The applicant is a lady.

8. 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.

9. Let the applicant Smt. Paro @ Anuradha, 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 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 82 Cr.P.C., 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 174- A I.P.C.

(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 313 Cr.P.C. 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 229- A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. 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.

11. The bail application is allowed.

12. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

13. The computer generated copy of such order shall be self attested by the counsel of the party concerned.

14. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.