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2025 DAILYLAW 113656 (ALL)

SMT MEENA DEVI v. STATE OF UP THRO PRINCIPAL SECRETARY HOME GOV OF UP LUCKNOW

BAIL/47324/2024 · 2025-02-19

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25417 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47324 of 2024 Applicant :- Smt Meena Devi Opposite Party :- State Of Up Thro Principal Secretary Home Gov Of Up Lucknow Counsel for Applicant :- Dwijendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Dwijendra Prasad, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.595 of 2024, under Sections 80, 85, 115(2) B.N.S., 2023 & Sections 3/4 D.P. Act, Police Station- Ramgarh, District- Firozabad, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that applicant is mother-in-law of the deceased and on the basis of false allegations of demand of dowry and torture, she has been made accused in the present matter along with her other family members including her husband i.e. father-in-law of the deceased and her son i.e. husband of the deceased. 4. He further submits that actually deceased was having pregnancy and during pregnancy, informant had taken her alongwith him and informant side also admitted her in the hospital but during delivery, child expired and from the post-mortem report, it reflects, deceased died due to multiple organ failure and therefore, it cannot be said that deceased died under abnormal circumstances for the purpose of Section 80 B.N.S. and it appears, she died natural death due to complications of her pregnancy. 5. He further submits that there is no specific allegation against the applicant and applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 24.11.2024. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 7. I have heard both the parties and perused the record of the case. 8. Considering the argument advanced by learned counsel for the applicant and the fact that there is no specific allegation against the applicant and post-mortem report suggests that deceased died due to multiple organ failure and applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 24.11.2024, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant- Smt Meena Devi be released on bail in the aforesaid case on furnishing a personal bond and 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 trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 20.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad