RAMRATI @ SAMPATI DEVI AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER
NABAIL/459/2025 · 2025-05-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139710 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139710 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28529 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 459 of 2025 Applicant :- Ramrati @ Sampati Devi And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pawan Kumar Dwivedi,Anupam Bajpai,Vijay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pawan Kumar Dwivedi, the learned counsel for the applicants, Sri Ashok Srivastava, the learned Additional Government Advocate appearing on behalf of the State, Sri Avinash Singh Vishen, Advocate who has put in appearance on behalf of the informant. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No. 49 of 2025, under Sections 85, 108, 115(2) B.N.SS., Section 3/4 of Dowry Prohibition Act, registered at Police Station Dalmau, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.03.2025 against four persons-(i) Raju (ii) Ramu (applicant no. 3), (iii) Anita (applicant no.2) and (iv) Ramrati (the applicant no.1), stating that the informant had got his daughter married to the applicant's son- co-accused Raju about 10 years ago. The applicant is mother of co-accused Raju, applicant no. 2 is sister of Raju and applicant no. 3 is brother of Raju; all the accused persons used to harass her for demanding dowry; they had beaten her up in the night of 07.03.2025, due to excessive harassment meted out to her, the informant's daughter committed suicide on railway track in early morning of 08.03.2025. 4. In the affidavit filed in support of the anticipatory bail- application it has been contended that the applicants are innocent, they have falsely been implicated in the present case and they have no criminal history. 5. The learned A.G.A has opposed the prayer for bail and has submitted that the post mortem examination report shows that besides the crushed injury on the head and right upper thigh, there was a lacerated wound of 6cm X 1.5CM on left leg and
the left foot bone was fractured, there was a contused swelling of 10cm X 6cm on right elbow and the underneath bone was fractured.
He has further submitted that these injures cannot be caused to a person by being crushed under a train and these injuries were caused as a result of beating of the deceased. 6. The State has also produced a copy of the relevant extracts of case diary for perusal of the court. The deceased's nine years old son has stated that the applicant no.2 was catching hold of the deceased and Raju had assaulted her with a stick. 7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts do not warrant exercise of discretion of this Court by granting pre arrest bail to applicants. 8. The anticipatory bail application stands rejected accordingly. However, in case the applicants file an application for grant of bail, the same shall be considered and decided on its merits, without being influenced by any observation made in this order. (Subhash Vidyarthi, J.) Order Date :- 15.5.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench