Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 132953 (ALL)

PUSHPA TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME GOVT. OF U.P. LKO.

BAIL/2976/2025 · 2025-04-09

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:19908 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2976 of 2025 Applicant :- Pushpa Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Govt. Of U.P. Lko. Counsel for Applicant :- Srees Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Srees Kumar Srivastava, learned counsel for the applicant, Sri Diwakar Singh, learned Additional Government Advocate 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.367 of 2024, under Sections 80, 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, registered at Police Station Gangaghat, District Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.08.2024 stating that the informant had got his daughter married to the applicant's son co-accused Aman Tiwari about four years ago. All the accused persons used to harass her for demanding dowry and the applicant's son Aman Tiwari telephonically informed at about 4.00 p.m. on 21.08.2024 that the informant's daughter had fallen down from stairs. She was taken to Ursala Hospital, Kanpur where the doctors said that she had died an hour ago. The inquest proceedings were witnessed by the informant also and he stated that the deceased had died due to the injuries which were minor injury on right mandible, on neck and on left elbow. The postmortem examination report mentions abraded contusion on left elbow joint, right index finger, left knee and right mandible, besides a contusion on back of the body. The cause of death could not be ascertained and viscera was preserved for examination. The viscera examination has not revealed presence of any poisonous substance. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent woman, she has been falsely implicated in the present case and she has no criminal history. 5. Copies of statements recorded during investigation have been annexed with the bail application. The informant levelled general allegations of harassment of his daughter by all the accused persons. The victim's mother stated that the accused persons were demanding five lac rupees. All the persons stated that the deceased had been killed by administering some poisonous substance which allegation is not corroborated by the findings of viscera examination report. 6. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 12.02.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is a woman having no previous criminal history and he is languishing in jail since 15.12.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Pushpa Tiwari 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 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 9.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench