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2025 DAILYLAW 152142 (ALL)

SADHNA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NABAIL/885/2025 · 2025-08-19

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48398 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 885 of 2025 Applicant :- Sadhna And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Gyanendra Pathak Counsel for Opposite Party :- G.A.,Anand Dubey,Om Prakash Tiwari Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed by accused-applicants seeking anticipatory bail in Case Crime No.223 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 D.P. Act, P.S. Kotwali Dehat, District Bahraich. 3. Learned counsel for the applicants submits that applicants are innocent; they are ladies; they don't have any criminal history; they were residing away from the deceased; it is a case of false implication. 4. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer. Learned counsel for the complainant has submitted that proceedings under Section 82 Cr.P.C. has been drawn against the applicants and they are absconding and not cooperating in the investigation. He submits that there are ten ante mortem injuries on the body of the deceased, she has died in the most unnatural circumstances within three months of marriage hence it is not a case of anticipatory bail. 5. Perused the record. 6. Perusal of the record shows that the deceased has received following ante mortem injuries:- "1. Non Continuous, Ligature Mark 28.5 Cm X 2.5 C Around The Neck, Obliquely Upward. Interrupted With A Gap Of 4.0 Cm, Left Side Of Neck, Mark Situated 1.0 Cm Below Left Ear Pinna, 5.5 Cm Below Right Ear Pinna And 3.5 Cm Below Chin Mark Is Hard, Leathery And Parchment Like And The Margins Red And Congested, On Cutting Subcutaneous Tissue Is Whitish Glistened, Mark Is Superficial And Broad. 2. Superficial Abresion 4.5 X 1.5 Cm Present Over Mid Of Lower Abdomen And Umbilical Region. 3. Contusion 3.0x 1.5 Cm Present Over Posterior Aspect Of Right Elbow Joint. 4. Contusion 6x3 Cm Present Over Palmar Surface Of Right Hand Extending Upto Wrist Joint. 5. Contusion 9x5 Cm Present Over Palmar Surface Of Left Hand Extending Upto Wrist Joint. 6. Contusion 2.0x1 Cm To 6x4 Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Right Knee Joint Extending Up To Lower Leg And Dorsal Aspect Of Foot. 7. Contusion 3.0x2 Cm To 5 X 25 Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Left Knee Joint Extending Up To Lower Leg And Dorsal Aspect Of Foot. 8. Contusion 2.0x1.5 Cm To 4x2.5 Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Right Thigh Extending Upto Right Knee Joint. 9. Contusion 2.0x1.0 Cm To 6 X 2. Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Left Thigh Extending Upto Left Knee Joint. 10. Contsion 4 X 2.5 Cm Anterio Medial And Letral Aspect Of Left Arm." 7. On due consideration to the submissions advanced by the parties so also the statement of the complainant under Section 180 BNSS which shows that soon before the death, the deceased was subjected to cruelty relating to demand of dowry coupled with the fact that ante mortem injures in the post mortem so also the fact that within three months, the deceased has died, it is a heinous offence and not a case of exceptional circumstance where the jurisdiction of anticipatory bail can be exercised and hence, the anticipatory bail application is dismissed. Order Date :- 19.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench