Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 104397 (ALL)

SMT MITHLESH @ PREMSHRI v. State of UP

BAIL/37922/2024 · 2025-01-27

Deepak Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:13504 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37922 of 2024 Applicant :- Smt Mithlesh @ Premshri Opposite Party :- State of U.P. Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Narayan Singh Kushwaha, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No.12 of 2024, registered under Sections 498-A, 304-B I.P.C. & under section 3/4 Dowry Prohibition Act, 1961, Police Station Raja Ka Rampur, District Etah, during pendency of the trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is that marriage of the applicant's son was solemnized with the deceased on 11.12.2020. Thereafter they were demanding bullet motorcycle. When demand was not fulfilled they committed murder of the deceased. Applicant is mother-in-law of the deceased. Applicant has no concern with the alleged incident. As per FSL report, deceased consumed poison. Applicant has no criminal history. Applicant's counsel further submits that the applicant claims parity with the co-accused, namely, Munnalal, who has been granted bail by co- ordinate Bench of this Court in Criminal Misc. Bail Application No.24065 of 2024 vide order dated 01.10.2024 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. The applicant is languishing in jail since 01.05.2024. In case, the applicant is released on bail, she will not misuse the liberty of bail and co- operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Smt. Mithlesh @ Premshri, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 27.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad