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2025 DAILYLAW 146829 (ALL)

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

BAIL/5476/2025 · 2025-06-18

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35804 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5476 of 2025 Applicant :- Rajeshwari Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Nagendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Sukhveer Singh, Advocate and Sri Ravi Prakash, Advocate on behalf of the complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., learned counsel for the complainant and perused the record. 3. The present bail application has been filed on behalf of the applicant in Case Crime No.114 of 2025, under Sections 85, 80(2) BNS and Section 3/4 D.P Act, Police Station - Neemgaon, District - Lakhimpur Kheri, with the prayer to enlarge her on bail. 4. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and she is in jail since 8.5.2025. He further submits that marriage of son of the applicant was solemnized with daughter of the complainant and they were enjoying their matrimonial life but due to some trivial issues in between them, daughter of the complainant committed suicide, thereafter, immediately, she was rushed to the hospital for first aid but could not survived. He also submits that on the basis of incorrect facts with the allegation that she was being victimized for demand of dowry, F.I.R. in question was lodged. He next submitted that co-accused, father-in-law of the deceased has already been enlarged on bail vide order dated 5.6.2025 passed in Criminal Misc. Bail Application No.5048 of 2025. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, she will not misuse the liberty of bail. 5. Learned A.G.A. as well as learned counsel for the complainant have oppose the prayer for grant of bail and submits that sufficient evidences are found against the applicant, but they do not dispute this fact that only general allegations have been levelled against the applicant, who is mother- in-law of the deceased. 6. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, bail order of the co-accused, nature of offence as well as facts and circumstances of the case, I am of the view that the applicant is entitled to be released on bail. 7. Let applicant - Rajeshwari Devi - 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/269 BNS. (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./84 BNS, 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/209 BNS. (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 BNS. 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 :- 18.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench