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2025 DAILYLAW 145051 (ALL)

CHHOTKA @ NANKA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO

BAIL/5104/2025 · 2025-06-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34472 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5104 of 2025 Applicant :- Chhotka @ Nanka Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ajey Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.0144 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 of D.P. Act, P.S. Kotwali Dehat, District Bahraich. In the prosecution case it is alleged that informant married his daughter aged about 21 years with accused No.1 two years back and adequate dowry was given in the marriage however, the deceased was subjected to cruelty due to demand of dowry and this was told by the deceased several times to the informant. It is further alleged that on 30.04.2025, the deceased was done to death by the accused persons due to demand of dowry. Learned counsel for the applicant submits that applicant is mother-in-law. In the statement of the complainant as well as the prosecution case in the F.I.R., general allegations of demand of dowry has been made. There is no specific allegation against the applicant even this much is not clear that what was demanded in the dowry or what was given in the dowry. There was no material to indicate that soon before her death, the deceased was subjected to cruelty relating to demand of dowry except the general allegation that she was subjected to demand of dowry several times. He submits that applicant has no criminal history. The cause of death is asphyxia as a result of ante mortem hanging there is no other injury on the body of the death. He submits that the applicant is in jail since 02.05.2025. He further undertakes to cooperate in the trial. Learned A.G.A. has opposed the bail prayer. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 02.05.2025, applicant is a lady aged about 50 years, applicant has undertaken to cooperate in the investigation, the statement of the complainant as well as the F.I.R. so also the post mortem report, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant Chhotka @ Nanka be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 269 of BNS. (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 her, in accordance with law, under Section 209 BNS. Order Date :- 4.6.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench