The Allahabad High Court recently granted bail to Khushbu Devi, who was accused of killing her husband in conspiracy with her mother and alleged lover. The court observed that her minor children were left in an abandoned condition after the death of their father and her imprisonment.
A single-judge bench led by Justice Rajesh Singh Chauhan noted,
“Since her husband has died and she is in jail, there is none in the family to look after her minor children who are in an abandoned condition.”
Khushbu Devi was charged under Sections 103(2), 238(b), 3(5), and 61(2) of the Bharatiya Nyaya Sanhita (BNS). According to the case details, she allegedly conspired with Sushil Yadav, her supposed lover, to murder her husband Prem Kumar and dispose of his body by throwing it into a well.
Initially, the FIR did not name Devi as an accused. Her involvement surfaced during the investigation based on the mobile phone call detail records (CDR). Co-accused Sushil Yadav, upon arrest, allegedly confessed that both he and Devi committed the crime together.
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The defense counsel argued that the entire case against Devi was based solely on the confession of Sushil Yadav without any direct evidence or eyewitness accounts. It was emphasized that Devi had cordial relations with her deceased husband, and there had been no previous complaints of any ill-treatment or disputes in the family.
Her counsel stressed before the Court that
"The prosecution story is false and misconceived, relying entirely on the co-accused's confession without any corroborative evidence."
Furthermore, it was submitted that her two minor children, aged six and four, had no guardian in her absence, appealing to the court's sympathetic consideration under Section 480 of BNSS.
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The prosecution opposed the bail plea but could not dispute the factual background presented by Devi's counsel. Taking all factors into account, the Court decided to grant her bail without entering into the merits of the case.
The Court specified:
"Applicant has no previous criminal history, the charge-sheet has been filed, and she has given an undertaking not to misuse the liberty of bail and to cooperate with trial proceedings."
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."
This significant decision underlines the judiciary's concern for the welfare of minor children left without care, while balancing legal processes with compassion.
Case title - Khushbu Devi vs. State Of U.P. Thru. Prin. Secy. (Home Deptt) U.P. Lko 2025
