SMT. SALIHA KHATOON v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7561/2025 · 2025-08-20
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157669 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157669 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48661 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7561 of 2025 Applicant :- Smt. Saliha Khatoon Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State and Shri Vinay Kumar Tripathi, learned counsel for the complainant, who has filed Vakalatnama, which is taken on record. The accused-applicant seeks bail in Case Crime No.96 of 2025 under Sections 85, 80(2) BNS and Secton 3/4 D.P.Act, Police Station Dariyabad, District Barabanki.
Learned counsel for the applicant submits that the victim was married about five years ago to the son of the applicant. In the FIR, general allegations regarding demand of dowry have been made; however, while giving her statement under Section 161 Cr.P.C., an improvement has been made by the complainant by introducing a demand of golden chain and a motorcycle. The cause of death has been opined as asphyxia as a result of antemortem injury, and there is no other injury on the person of the deceased. It is further submitted that the applicant is a lady and has no criminal antecedents. It is further submitted that although the complainant side was present during the inquest proceedings, no allegation of demand of dowry was made at that time.
Learned counsel for the complainant and learned A.G.A. have opposed the bail prayer of the applicant.
Learned counsel for the complainant submits that the applicant has not filed the statement of the mother of the deceased, who has made
specific allegation on the present applicant, who is mother in law of the deceased. I have considered the arguments advanced by learned counsel for the parties, perused the record so also the case diary provided by learned A.G.A.. Perusal of the statement of the mother of the deceased shows that general allegations have been made by her also on all the three accused persons there is no specific allegation. On due consideration of the record and the facts that the applicant is a lady aged about 65 years; she has no criminal antecedents; she is in jail since 28.04.2025; charge sheet has already been filed; general nature of allegations in the prosecution case as well as the postmortem report and the inquest report, and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Smt. Saliha Khatoon, be released on bail in the aforesaid First Information Report, subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned, with the following conditions: (i) The applicant shall not tamper with the evidence during the trial. (ii) The applicant shall not pressurize or intimidate the prosecution witnesses. (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/her from disclosing such facts to the Court or to any police officer or to tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that she 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 her under Section 229-A IPC (now Section 269 BNS).
(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 she fails to appear before the Court on the date fixed in such proclamation, then the trial Court shall initiate proceedings against her, in accordance with law, under Section 174-A IPC (now Section 209 BNS).
Order Date :- 20.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench