NEELAM SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/4668/2025 · 2025-08-22
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 141901 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141901 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49480 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4668 of 2025 Applicant :- Neelam Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Raj Priya Srivastava Counsel for Opposite Party :- G.A.,Bhola Singh Patel,Sunil Kumar Yadav Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the informant's daughter was married on 24.05.2021 to the son of the applicant. At the time of marriage, the informant allegedly gave Rs. 10,00,000/- in cash along with adequate dowry; however, the in-laws were dissatisfied and demanded a new Scorpio vehicle and a house.
Learned counsel for the applicant submits that the statements of the complainant and other prosecution witnesses contain only general allegations against all family members, without assigning any specific role to the present applicant. The applicant, who is the mother-in-law, resides separately. It is further submitted that earlier, in Case Crime No. 388 of 2022 under Sections 498A/323/504/506 IPC and Section 3/4 of the D.P. Act, P.S. Mall, the parties had entered into a compromise. Attention is drawn to an affidavit filed in 2022, wherein it is stated that from 10.09.2022, the applicant had severed relations with both the deceased and her husband. The applicant is a permanent resident of P.S. Mall, whereas the deceased was living separately in a rented house in Lucknow. The cause of death is asphyxia due to ante-mortem hanging. It is next submitted that the co-accused Rajveer Singh has already been granted bail by this Court vide order dated 12.8.2025 passed in Criminal Misc. Bail Application No. 7492 of 2025. Hence, the present applicant claims parity. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. Learned A.G.A. opposed the bail application, submitting that the deceased died within seven years of marriage and three
ante-mortem injuries were found on the body of the deceased. Perused the record. A perusal of the postmortem report indicates that the three injuries on the right leg, comprising one contusion and two abrasions, are not attributed to any specific cause. The applicant's case is distinguishable from that of the co-accused, the deceased's husband. On due consideration to the observation made herein above, the affidavit filed in 2022, the applicant's separate residence, the explanation for the single criminal history mentioned in paragraph 24 of the bail application, and the fact that the applicant is in custody since 5.5.2025, this Court finds it a fit case to enlarge the applicant on bail on the ground of parity. Accordingly, the bail application is allowed.
Let the applicant- Neelam Singh involved in Case Crime/FIR No. 625/2024, under Sections 80(2), 85 of BNS & Section 3/4 of Dowry Prohibition Act, Police Station - Madiyaon, District- Lucknow, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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 him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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. (v) 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 in accordance with law.
(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 84 BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 209 of B.N.S. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 22.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench