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2025 DAILYLAW 155389 (ALL)

SHABNAM @ SABNAM BANO v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

NABAIL/983/2025 · 2025-08-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47997 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 983 of 2025 Applicant :- Shabnam @ Sabnam Bano Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Amit Sachan,Abhishek Shukla,Brijesh Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case Crime no. 102/2025, U/S-115(2), 352, 80(2), 85 of BNS & 3/4 D.P. Act., P.S.- Dariyabad, District - Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that the informant’s sister, Shahnaz Bano, who was married to Mohd. Niaz on 17.12.2023, was subjected to harassment, assault, and threats in connection with dowry demands by her husband and her sister-in-law, Shabnam. On 31.03.2025, she was found dead at her matrimonial home, and it is further alleged that she was murdered by them for dowry. Learned counsel for the applicant submits that the applicant, being the sister-in-law of the deceased, had no active role in any alleged harassment for dowry. It is submitted that there exists no dying declaration, nor was any complaint of cruelty or dowry demand ever made during the lifetime of the deceased. It is further pointed out that even the deceased’s second marriage was solemnized in the same house, which negates the allegation of dowry-related harassment. Hence, the essential ingredients of dowry death are not satisfied, and the applicant deserves the protection of anticipatory bail. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Perused the record. A perusal of the record shows that the deceased died due to antemortem hanging. It is undisputed that her death occurred within seven years of marriage at her matrimonial home under unnatural circumstances. The applicant is the sister-in-law of the deceased. The bail application of co-accused Mohd. Niyaz Ahmad has already been rejected by the court below. The offence alleged is of a heinous nature. It cannot be said that the applicant has been falsely implicated merely to humiliate or injure her reputation. Accordingly, no case for grant of anticipatory bail is made out. The anticipatory bail application is dismissed. Order Date :- 18.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench