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2025 DAILYLAW 104257 (ALL)

GUDDI DEVI ALIAS PUSHPA DEVI v. STATE OF U.P.

BAIL/34936/2025 · 2025-10-09

Samit Gopal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34936 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rajesh Kumar Dubey, learned counsel for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 BNSS has been filed by the applicant Guddi Devi @ Pushpa Devi, seeking enlargement on bail during trial in connection with Case Crime No. 163 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P. Act, registered at P.S. Taalgram, District Kannauj. 4. The FIR of the matter was lodged on 22.06.2025 by Rakesh Chandra against the applicant, Anuj @ Kallu @ Ranjeet and Goldi alleging therein that his daughter was married in the year 2019 with Anuj @ Kallu @ Ranjeet. After marriage the accused persons used to torture her and there was a demand of dowry from her. The accused persons murdered his daughter and Mohit her son aged about 4 years. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the mother-in-law of the deceased. While placing para 16 of the affidavit it is submitted that on the day of the incident some altercation and heated argument took place between the deceased and her husband after which her husband assaulted her and then while deceased taking grudge and with ill motive, first she murdered her four years old son after which she hung herself to falsely implicate the entire family. It is submitted while placing a certificate dated 03.08.2025 issued by the village pradhan that the deceased and her husband were living separately in a house in village panchayat Mushafirpur whereas Patwari Lal with his wife Guddi Devi, daughter Goldi and younger son Chhotu were living in their old house in Versus Counsel for Applicant(s) : Rajesh Kumar Dubey Counsel for Opposite Party(s) : G.A. Guddi Devi Alias Pushpa Devi .....Applicant(s) State of U.P. .....Opposite Party(s) village Chandpura and the distance between the said houses was about 200 meters. It is submitted that as such the applicant was living at a different place and was not living with the deceased and her family members. It is further submitted that during investigation, the Investigating Officer found the implication of Goldi false and thus exonerated her, para 22 of the affidavit has been placed before the Court. It is submitted that charge sheet in the matter has been submitted against the applicant and co-accused Anuj @ Kallu @ Ranjeet. It is submitted that the postmortem examination of the deceased Smt. Pinki would go to show that she was initially assaulted after which she committed suicide and the cause of death is opined as asphyxia due to antemortem hanging. It is submitted that the implication of the applicant is without any credible evidence and general and common role has been assigned to her. It is submitted that the applicant has no criminal history as stated in para 30 of the affidavit and is in jail since 24.06.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail vehemently and submitted that the applicant is named in the FIR and there are allegations against her. It is submitted that in so far as the certificate of village pradhan stating about the residence of the applicant and the family members of the deceased and her family is concerned, the same also goes to show that the said house is 200 meters which is not at all faraway. It is submitted that in the present matter Smt. Pinki the daughter- in-law of the applicant and Mohit Kumar the grandson of the applicant aged about 4 years have died. Smt. Pinki apart from ligature mark was found to have received two abraded contusions and one contusion also on her neck which goes to show that she was tortured and assaulted soon before her death. It is further submitted that the postmortem examination report of Smt. Pinki goes to show that her uterus was found to be gravid which goes to show that she was in a stage of pregnancy also. It is submitted that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother-in-law of the deceased. In the present matter, Smt. Pinki daughter-in-law of the applicant has died. She was found to have received four injuries on her body out of which there are two abraded contusions, one contusion and one incomplete ligature mark. The cause of death is asphyxia as a result antemortem hanging. She was found to be having a gravid uterus. The other deceased in the matter is Mohit Kumar aged about 4 years who is the grandson of the applicant, he was found to have received a single ligature mark on his body and the cause of death is asphyxia as a result of antemortem hanging. Thus, in the present matter two persons have lost their lives. The distance between the house of the deceased and the alleged house of the applicant is only 200 meters which is not far away location. No ground for bail is made out. I do not find it a fit case for bail. BAIL No. 34936 of 2025 2 8. Considering the totality of the case in particular, nature of evidence available on record, gravity of the offence, I am not inclined to release the applicant on bail. 9. The bail application is, accordingly, rejected. 10. Pending application(s), if any, stand disposed of. October 10, 2025 M. ARIF BAIL No. 34936 of 2025 3 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad