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2025 DAILYLAW 140671 (ALL)

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

BAIL/5219/2025 · 2025-06-11

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35309 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5219 of 2025 Applicant :- Sangeeta Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko Counsel for Applicant :- Dheerendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Shri Gulam Mustafa, Advocate on behalf of complainant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State of U.P. and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No.0039 of 2025 under Sections 85, 80(2) BNS and Section 3/4 of DP Act, Police Station- Sohramau, District- Unnao, with the prayer to enlarge her on bail. 4. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case and she is in jail since 16.03.2025. He further submitted that the marriage of son of applicant was solemnized with the daughter of complainant and they were enjoying their married life. Thereafter, due to some misunderstanding, quarrel had taken place between them, as a result, daughter of complainant committed suicide. Cause of death of the deceased is asphyxia due to ante mortem hanging. The information of the alleged incident was given to the complainant and other family members. Thereafter, due to annoyance, FIR of case in question was lodged on the basis of incorrect facts. He further submitted that charge sheet has already been filed and there is no possibility of tampering of evidences and the applicant is ready to cooperate in the trial proceeding. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the prayer of the applicant for grant of bail and submitted that due to victimization caused by the applicant and other family members, the victim took her life. Therefore, she is not entitled for the bail. 6. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents as well as totality of fact and circumstances, it is evident that the applicant is mother-in-law of the deceased and quarrel was taken place between daughter of complainant (deceased) and her husband, thereafter, she committed suicide. Thus, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant - Sangeeta - be released on bail in aforesaid Case Crime, on her furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the Trial Court may proceed against her under Section 229-A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against her, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 11.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench