RAJESHWARI v. STATE OF U.P. THRU. SECY. HOME DEPTT. U.P. LKO.
/6907/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153725 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153725 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45449 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6907 of 2025 Applicant :- Rajeshwari Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Rakesh Kumar,Arun Kumar 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 niece on 13.11.2020 and gave dowry as per his financial capacity. However, the victim's in- laws allegedly demanded a four-wheeler. It is further alleged that the victim's husband was a habitual drinker and subjected her to physical abuse. General allegations have also been made against the co-accused.
Learned counsel for the applicant submits that the allegations have been levelled against six individuals, all of whom are family members, including the applicant, who is the mother-in- law of the deceased. It is contended that the applicant maintained cordial relations with her daughter-in-law and no demand for dowry was made by her. Furthermore, the applicant was residing separately. This fact of separate living has been confirmed by prosecution witness Sunita and also acknowledged by the coordinate Bench of this Court while granting bail to co-accused Shekh Rampal by order dated 14.07.2025 passed in Criminal Misc. Bail Application No. 6055 of 2025. The applicant seeks parity with the said bail order. The applicant is a woman and is in custody since 05.03.2025.
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 AGA has opposed the bail application submitting the victim has died under unnatural circumstances. On due consideration to the role assigned to the applicant, the bail granted to co-accused Shekh Rampal, the noted fact of her separate living, and the postmortem report indicating that the cause of death was antemortem hanging with no injuries on the body other than the ligature mark, the applicant is languishing in jail since 05.03.2025, I am of the view that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. Let the applicant Rajeshwari involved in Case Crime No.104 of 2025 under Sections 80(2), 85, 115(2) of Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, P.S. P.G.I., District Lucknow, be released on bail on her 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 her counsel. In case of her 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 her 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 :- 5.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench