The Allahabad High Court has granted bail to a woman accused of killing her husband with the help of her mother and alleged lover, considering the welfare of her minor children who are left in an “abandoned condition.”
Justice Rajesh Singh Chauhan, while hearing the case of Khushbu Devi vs. State of U.P., extended bail under Section 480 BNSS. The Court observed that the accused’s husband had already died, she was in jail, and there was no one to take care of her young children.
Case Background
According to the FIR, Khushbu Devi was allegedly in an illicit relationship with co-accused Sushil Yadav before marrying her husband, Prem Kumar. It was alleged that Devi, her mother, and Yadav conspired to murder Prem Kumar and disposed of his body in a well so that Devi could claim his property.
The prosecution charged Devi under Sections 103(2), 238(b), 3(5), and 61(2) of the BNS. However, her defense argued that the case was based only on the co-accused’s confessional statement and lacked independent evidence. The defense also highlighted that there were no eyewitnesses, no “last seen” evidence, and no prior complaints of cruelty in her marital relationship.
Court’s Reasoning
The Court granted bail mainly on humanitarian grounds, emphasizing that her minor children were in a helpless state after their father’s death and mother’s imprisonment.
The bail was granted with strict conditions:
- The accused must not seek adjournments when witnesses are present.
- She must appear in person or through counsel on all trial dates.
- Misuse of bail or unjustified absence could lead to cancellation under Sections 269 and 208 BNSS.
- She must remain personally present during key trial stages, including framing of charges and recording her statement under Section 351 BNSS.
Justice Chauhan clarified that the bail was given purely for humanitarian reasons, and co-accused cannot claim similar relief on the ground of parity.
Case Title: Khushbu Devi vs. State Of U.P. Thru. Prin. Secy.
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