SAROJ KUMARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/6959/2025 · 2025-08-04
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153565 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153565 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45044 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6959 of 2025 Applicant :- Saroj Kumari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Umesh Dixit Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the informant solemnized the marriage of his daughter on 09.05.2023 in accordance with Hindu rites and rituals. Substantial dowry was given at the time of marriage. However, soon after the marriage, the deceased was allegedly subjected to cruelty by the accused persons. In response to dowry demands, the informant provided an LED TV, a gold chain, a ring for the deceased’s husband, and gold earrings for her mother-in-law. At the time of the incident, the deceased was approximately five to six months pregnant. On 10.02.2025, around 4:00 p.m., the informant’s son-in-law informed him over the phone that the deceased had died by committing suicide through hanging.
Learned counsel for the applicant submits that the applicant has no prior criminal record. It is further submitted that the husband of the deceased had informed the in-laws about the death and was also an inquest witness. The cause of death has been recorded as antemortem hanging, and except for the ligature mark, no other injuries were found on the deceased’s body. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or
tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts that the charge sheet has been filed; no external injuries other than the ligature mark were found on the body; the husband of the deceased was present during the inquest and cremation and had informed the in-laws about her death; the statements of prosecution witnesses indicate general role without specific allegations of cruelty soon before her death, coupled with the fact that the applicant is in custody since 28.03.2025, I am of the view that this is a fit case for granting bail to the applicant. Accordingly, the bail application is allowed. Let the applicant Saroj Kumari involved in Case Crime No. 63 of 2025, under Sections 85, 80 (2) B.N.S. 2023 and Section 3/4 Dowry Prohibition Act, Police Station-Beniganj, District- Hardoi, 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 with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he 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. (v) 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 in accordance with law. (vi) 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. (now Section 84 BNSS) is issued and the 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 IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
Order Date :- 4.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench