The Allahabad High Court recently granted bail to a woman accused of killing her husband in collusion with her mother and alleged lover, with whom she is said to have had an illicit relationship.

A bench of Justice Rajesh Singh Chauhan granted bail to the accused (Khushbu Devi) by extending the benefit of Section 480 BNSS, noting that her husband has died and she is in jail, and there is no one in the family to look after her minor children, who are in ‘abandoned condition’.

Accused-Devi, booked under 103(2), 238(b), 3(5), 61(2) BNS, has been accused of killing her husband in a collision with her alleged lover (Co-accused Sushil Yadav) and throwing the corpse into the well.

As per the FIR, Devi was in an illicit affair with Yadav for some time before marrying the deceased (Prem Kumar). Devi and her mother planned the murder so that Devi could inherit her husband’s property.

Before the HC, the applicant’s counsel submitted that the prosecution’s story is false and misconceived and that she had been implicated only on the confessional statement of Co-accused (Yadav).

It was further contended that there is no eye witness account or last seen evidence, and her relation with her deceased husband was cordial, as there was no prior complaint either from the side of the complainant or her family members about any ill-behaviour of the wife.

It was argued that there is no one in the family to look after her minor children as those children are in an abandoned condition; therefore, the bail application was pressed mainly on the sympathetic consideration.

Against the backdrop of these submissions, the Court granted bail to the accused mainly because her children are in an abandoned condition after the death of her husband.

The Court laid down strict conditions for granting bail:

Khushbu Devi must file an undertaking not to seek adjournments when witnesses are present.

She must appear personally or through counsel on each trial date.

Misuse of bail liberty or absence without sufficient cause will invite action under Sections 269 and 208 of the BNSS.

She must be personally present during crucial stages like opening of the case, framing of charges, and recording of her statement under Section 351 of BNSS.

Before concluding, the Court made it clear,

“Bail has been granted purely on humanitarian grounds due to the abandoned condition of her minor children, and co-accused cannot claim the same relief on parity.”

Case title – Khushbu Devi vs. State Of U.P. Thru. Prin. Secy.