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2025 DAILYLAW 153042 (ALL)

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

BAIL/6751/2025 · 2025-07-23

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:42277 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6751 of 2025 Applicant :- Smt. Kiran And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Aditya Kumar,Anita Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Aditya Kumar, learned counsel for the applicants and Sri Rajneesh Kumar Verma, learned A.G.A. for the State. 2. As per learned counsel for the applicants, the present applicants are in jail since 17.05.2025 in FIR/Case Crime No.188 of 2025, under Sections 80(2), 85, 352 of B.N.S. and Section 3/4 of Dowry Prohibition Act, 1961, Police Station – Tadiyawan, District – Hardoi. 3. Learned counsel for the applicants has submitted that the present applicants, who are mother-in-law and father-in-law of the victim (since deceased), have been falsely implicated in the case as they have not committed any offence as alleged. Even as per the FIR, no specific allegation has been levelled against the present applicants, rather general allegation has been levelled regarding demand of dowry. It has been further submitted that the present applicants had nothing to do with the family affairs of their son. Their relations with their daughter- in-law were cordial and they never demanded any dowry from her or her family members. Learned counsel for the applicants has further submitted that cause of death is hanging and there is no ante-mortem injury on the body of the victim (since deceased) except one ligature mark, which might be caused on account of hanging. There is no previous criminal history of any kind whatsoever against the present applicants. Learned counsel has further stated that the applicants undertake that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail. Further, the applicants shall abide by all terms and conditions of the bail order. Besides, being lady, applicant no.1 may be given the benefit of Section 480 of BNSS. 4. Learned A.G.A. has, however, opposed the bail application but he could not dispute the aforesaid submissions of learned counsel for the applicants. 5. Without entering into merits of the issue; considering the arguments of learned counsel for the parties; contents and allegations of the FIR; the fact that the present applicants are mother-in-law and father-in-law of the deceased, no specific allegation has been levelled against them; cause of death is hanging; there is no ante-mortem injury on the body of the victim (since deceased) except one ligature mark which might be caused due to hanging and undertaking of the applicants that they shall cooperate in the trial proceedings and shall not misuse the liberty of bail, I find it appropriate to release the applicants on bail. 6. Accordingly, the bail application is allowed. 7. Let applicants- Smt. Kiran and Ashok be released on bail in the aforesaid case crime number on both of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of the B.N.S., 2023. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 84 of the B.N.S.S., 2023 is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 208 of the B.N.S., 2023. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of the B.N.S.S., 2023. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. (v) The applicants shall not leave India without previous permission of the court. [Rajesh Singh Chauhan,J.] Order Date :- 23.7.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench