SUMITRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5304/2025 · 2025-06-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146065 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146065 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:35920 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5304 of 2025 Applicant :- Sumitra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Surendra Yadav,Jagdeshwar Prasad Yadav,Priyanka Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Vakalatnama filed by Shri Faizal Hashmi, learned counsel for the complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.27/2025, under Section – 80 (2), 85 BNS & Section 3 / 4 D.P. Act, Police Station- Shriduttganj, District- Balrampur. 4. Learned counsel for the applicant submits that the marriage of son of applicant was solemnized with the daughter of the informant on 28.02.2024. As the son of applicant is doing the business of garbage. Son of applicant and his wife were residing at Talibganj which was 3 Kms away from the house of the applicant. He further submitted that on 21.3.2025 quarrel took place in between the husband and wife and when this fact came into the notice of the applicant and other family members then they tired to intervene and daughter of informant was brought to the house of the applicant and her family members also visited to resolve the issue in between husband and wife but she committed suicide. On the basis of the concocted facts FIR of the case in question was lodged by dragging applicant as well as her husband. The charge sheet has already been filed. Applicant is in jail since 25.3.2025. There is no possibility of tampering with the evidence,
therefore, applicant may be enlarged on bail. 5. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer for grant of bail to the applicant and submitted that six injuries are found on the body of the deceased and they do not dispute this fact that cause of death is asphyxia due to ante mortem hanging. 6.
Considering the rival submissions of learned counsel for the parties and going through the contents of the FIR as well as other relevant documents as applicant is mother in law and general allegations have been levelled against all the accused persons, charge sheet has been filed. Applicant is in jail since 25.3.2025, I am of the view that the applicant is entitled to be released on bail. 7. The bail application is allowed. 8. Let the applicant- Sumitra, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in 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 he is accused, or suspected, of the commission of which he 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 him 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 he 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 his counsel.
In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A I.P.C./269 B.N.S. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 B.N.S.S. 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 him, in accordance with law, under Section 174-A I.P.C./209 B.N.S. (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./351 B.N.S.S. 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 him in accordance with law. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 18.6.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench