PHOOLMATI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7614/2025 · 2025-08-14
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158006 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47592 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7614 of 2025 Applicant :- Phoolmati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sandeep Kumar(Trivedi) Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in Case Crime No.81 of 2025 under Sections 85, 108 BNS (Corresponding Sec. 498-A, 306 IPC and Section 3/4 Dowry Prohibition Act, Police Station Nawabganj, Bahraich. In the prosecution case it is alleged that the daughter of the informant, aged about 26 years, was married with the son of the applicant on
18.4.2017. She was subjected to cruelty on account of demand of dowry. On 24.5.2025, at about 7.00 p.m., the informant received information that due to demand of dowry the accused has committed murder of his daughter and hanged her.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased, has no criminal antecedents, and has been falsely implicated. The allegations in the prosecution case are general and sweeping in nature, without any specific role being assigned to the applicant.
Learned counsel for the applicant has drawn the attention of the Court to the site plan prepared by the Investigating Officer, which shows that the applicant was residing separately with her husband, away from the deceased. It is further submitted that the co-accused, Deshraj Yadav, who was assigned a similar role, has been granted bail by a coordinate Bench of
this Court vide order dated 28.07.2025 passed in Criminal Misc. Bail Application No. 6720 of 2025 (Annexure-8 to the bail application). The applicant, therefore, seeks parity with the said bail order. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the facts that the allegations made in the prosecution case are general and sweeping in nature, with no specific role attributed to the applicant; the applicant is a lady; the cause of death is hanging; except the ligature mark there is no other antemortem injury; the bail order of co-accused Deshraj Yadav; and the fact that the applicant is in jail since 19.07.2025 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, Phoolmati, 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 any 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 such person from disclosing those 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 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 to the trial court to treat it as an abuse of the 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 the 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 :- 14.8.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench