Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 136658 (ALL)

SUSHMA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/3577/2025 · 2025-04-29

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:24282 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3577 of 2025 Applicant :- Sushma Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ram Sajivan Verma,Rakesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ram Sajivan Verm, learned counsel for the applicant, Shri Arvind Kumar Pandey, learned A.G.A. 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.302 of 2024 under Sections 80(2), 85 of B.N.S. & Section 3/4 of D.P. Act registered at Police Station- Bado Sarai, District- Barabanki. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.12.2024 against the applicant, her husband and her two sons, stating that the informant's daughter had married the applicant's son co-accused Manish Yadav, who is a person of different caste. All the accused persons used to harass her for demanding dowry. The informant's daughter has delivered a daughter. All the accused persons killed the informant's daughter on 10.12.2024. 4. The inquest report has been annexed alongwith the supplementary affidavit filed on behalf of the applicant which was witnessed by the informant's son Manish and her husband Bechan Lal. 5. The postmortem examination report mentions a ligature mark present all around neck of the deceased which was interrupted by 2.5 cm on left side and the cause of death has been opined to be Asphyxia due to ante-mortem hanging. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a woman having no criminal history and she has been falsely implicated in the present case. 7. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted against all the accused persons on 12.02.2025. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the FIR alleges that the accused persons had killed the informant's daughter, the postmortem report mentions no mark of injury on the dead body, except a ligature mark around the neck which was interrupted by 2.5 cm on the left side and the cause of death has been opined to be Asphyxia due to ante-mortem hanging; that the FIR levels similar allegations against all the accused persons and no specific allegation has been levelled against the applicant and that the applicant is a woman having no criminal history and she is languishing in jail since 27.01.2025 whereas the investigation already stands concluded, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sushma 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 :- 29.4.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench