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2025 DAILYLAW 110303 (ALL)

MAYA DEVI v. STATE OF U.P.AND ANOTHER

ABAIL/11784/2024 · 2025-03-19

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41136 Court No. - 88 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11784 of 2024 Applicant :- Maya Devi Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Raj Kiran Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Two supplementary affidavits filed by learned counsel for the applicant today in Court are taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.06 of 2022, under sections 306,498-A IPC and 3/4 D.P. Act, Police Station- Trilokpur, District- Siddharth Nagar. It is submitted by learned counsel for the applicant that she is innocent and has committed no offence but being mother-in- law of the deceased she was also named in the present case. It is further submitted that no any demand of dowry or harassment was made on the part of the applicant. The deceased being issue less was under depression that was the reason she committed suicide. It is also submitted that till the submission of police report she was granted anticipatory bail and never misused the liberty of bail granted to the applicant. It is further submitted that during trial of the husband, P.W-2 Badelal Yadav who is uncle of the deceased has been examined who has not supported the prosecution version, therefore, request to grant anticipatory bail of the applicant during pendency of trial. Lastly, it is submitted that in case, she is released on bail, she would not misuse the liberty of bail and would cooperate with the trial. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A, statement of P.W-2 during trial of the husband and also the fact that she did not misuse the liberty of bail during investigation of the case and from the perusal of record, the applicant is entitled to be released on anticipatory bail during the pendency of trial. In the event of arrest of the applicant-Maya Devi, shall be released on anticipatory bail during pendency of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the learned trial court unless exempted; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office; (iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned. In default of any of the conditions, this bail order shall stand automatically vacated. Order Date :- 20.3.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad