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2025 DAILYLAW 131674 (ALL)

MOHANA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2880/2025 · 2025-04-05

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19053 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2880 of 2025 Applicant :- Mohana Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Surya Narayan Mishra Counsel for Opposite Party :- G.A Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Surya Narayan Mishra, learned counsel for the applicant, Shri Anurag Verma, learned A.G.A.-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.124 of 2024, under Sections 498-A, 304-B I.P.C. & 3/4 of D.P. Act registered at Police Station- Kurwar, District- Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.05.2024 against seven persons, including the applicant and her family members, stating that the informant had got her daughter married to the applicant's son co-accused Shani Baudh, on 05.05.2024. All the accused persons used to harass her for demanding dowry and she had informed this telephonically to her Bhabhi. The informant's daughter committed suicide by hanging in the evening of 05.05.2024. 4. The postmortem examination report mentions a ligature mark around neck of the dead body with a gap of 10 cm at the posterior of neck and the cause of death has been opined to be Asphyxia due to antemortem hanging. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent woman having no criminal history and she has been falsely implicated in the present case. 6. The applicant's husband- co-accused Shyam Lal has already been granted bail by means of an order dated 21.11.2024 passed by a Co-ordinate Bench of this court in Crl. Misc. Bail Application No.12125 of 2024. 7. Learned A.G.A.-I has opposed the bail application and on the basis of instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 09.12.2024. He has further submitted that statement of Bhabhi of the deceased has been recorded by the Investigating Officer who has stated that the deceased had informed her telephonically about the ill-treatment being meted out to her by all the accused persons for demanding dowry. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that FIR levels similar allegations against all the accused persons and the applicant's husband has already been granted bail whereas the applicant is a lady having no criminal history and the investigation stands concluded still she is languishing in jail since 07.12.2024, I am of the view that the applicant is also entitled to be released on bail in the aforesaid crime on ground of parity. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Mohana Devi be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 5.4.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench