SMT. INDRAVATI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.
BAIL/5208/2025 · 2025-06-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145570 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145570 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35278 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5208 of 2025 Applicant :- Smt. Indravati Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Dinesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant in F.I.R. No. 76 of 2025, under Sections 80(2), 85, 91, 238A B.N.S. and Section 3/4 D.P. Act, Police Station Khodare, District Gonda, with the prayer to enlarge her on bail. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that applicant is mother-in-law and due to some trivial issues in between the son & daughter-in-law of the applicant, daughter-in-law of the applicant committed suicide in her room. It is also submitted that on the basis of concocted facts, F.I.R. in question was lodged, as cause of death is hanging but anti mortem injury was found on the body of the deceased. In such circumstances, applicant is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the investigation. 4. Learned A.G.A. vehemently opposes the prayer for grant of bail to the applicant. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., bail application, inquest report, post mortem report as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail. 6. Application stands allowed. 7. Let applicant - Smt. Indravati be released on bail 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 an 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 office 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 (a) opening of the case, (b) framing of charge; and (c) 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. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 11.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench