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2025 DAILYLAW 104491 (ALL)

BHAGWAN DEVI v. STATE OF U.P.

BAIL/34867/2025 · 2025-10-09

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34867 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Chandra Prakash Singh, 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 Bhagwan Devi, seeking enlargement on bail during trial in connection with Case Crime No. 219 of 2025, under Sections 85, 115(2), 352, 80(2), 238 BNS and 3/4 D.P. Act, registered at P.S. Badalpur, District Gautam Budh Nagar. 4. The FIR of the matter was lodged on 10.08.2025 by Raja Kumar against the applicant, Rajesh Jatav and Chandra Prakash alleging therein that his sister Champa was married to Rajesh Jatav around two years back in the year 2023. The marriage was a love marriage. After some months of marriage Rajesh Jatav used to torture her and there was a demand of dowry from her. The other accused persons also used to torture her and abused her. Rajesh then started living at another place and used to assault and torture his sister. On 04.08.2025 during assault his sister died. She was then cremated by Rajesh Jatav and his family members and no information was given to him or to the police. Subsequently he came to know about the incident. His sister has an eight years old daughter and was again pregnant of three months. 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. It is further submitted that the deceased committed suicide and died after which the lock of the door of the room was broken and she was taken to the doctor but the doctor declared her dead, para 11 and 12 of the affidavit has been placed before Versus Counsel for Applicant(s) : Chandra Prakash Singh Counsel for Opposite Party(s) : G.A. Bhagwan Devi .....Applicant(s) State of U.P. .....Opposite Party(s) the Court. Further while placing para 14 of the affidavit it is submitted that the deceased and her husband were living separately in village Dhum Manikpur, Badalpur, District Gautam Budh Nagar. Further it is submitted while placing para 20 of the affidavit that the applicant is old ill lady. It is submitted that the applicant has no criminal history as stated in para 19 of the affidavit and is in jail since 11.08.2025. 6. Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is the mother-in-law of the deceased. She is named in the FIR and there are allegations against her. It is submitted that the dead body of the deceased was cremated without any information to any of the authorities and even the first informant or his family members and thus the cause of death could not be ascertained. It is submitted that the deceased died within seven years of marriage in her matrimonial house and the death is unnatural. 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 named in the FIR. The deceased died within seven years of marriage in her matrimonial house. The death is unnatural. There is nothing on record to show as to what the cause of death since the dead body had already been cremated without any information to the police or any authority and even the first informant or his family members about it. No ground for bail is made out. I do not find it a fit case for bail. 8. Considering the totality of the case in particular, nature of evidence available on record, 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. 34867 of 2025 2 (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad