SMT. RAMA DEVI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/7727/2025 · 2025-09-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158401 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158401 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7727 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned A.G.A. for the State, learned counsel for the complainant/ informant and perused the record. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail during the trial in FIR/ Case Crime No. 198 of 2025, under Sections 80(2) & 85 of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, 1961, Police Station Khairighat, District Bahraich. 4. The brief facts of the case are that an FIR dated 03.05.2025 has been lodged under Sections 80(2) & 85 of BNS, 2023 and Section 3/4 of Dowry Prohibition Act, 1961 against three named accused persons including the present applicant. Alleging therein that the applicant alongwith other co- accused persons, killed the daughter of the informant for demand of dowry. 5. Learned counsel for the applicant has submitted that the general allegation has been made against all the family members i.e. the mother-in-law (applicant), the father-in-law and the husband of the deceased and no specific role has been assigned to them and relied upon the judgments of the Hon'ble Supreme Court in the cases of Geeta Mehrotra versus State of Uttar Pradesh reported in (2012) 10 SCC 741 and Kahkashan Kausar @ Sonam and others versus State of Bihar and others reported in 2022 Lawsuit (SC) 149. 6. It is further submitted that the applicant is residing separately after the Versus Counsel for Applicant(s) : Vivek Kumar Pandey, Ashish Raman Mishra, Neeraj Kumar Baghel Counsel for Opposite Party(s) : G.A. Smt. Rama Devi .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
partition between her sons and is living alongwith her younger son and in this regard, the certificate issued by the Pradhan has been enclosed as Annexure No.7 to the paper book. The applicant is in jail since 16.07.2025 and she has no previous criminal history. Learned counsel undertakes on behalf of the present applicant that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail, if so granted and shall abide by all terms and conditions of bail order. 7.
Learned counsel for the applicant further submits that co-accused Ramesh Yadav has been granted bail by this Court vide order dated 8.7.2025 passed in Cri. Misc. Bail Application No.6223 of 2025, therefore she seeks parity with the bail order of said co-accused. 8. Learned A.G.A. for the State and learned counsel for the informant have opposed the bail application but unable to dispute the submission made by
learned counsel for the applicant and the learned counsel for the informant has very fairly submitted that it is not disputed that the applicant is living separately alongwith his younger son and her daughter was living separately alongwith her husband.
9. Having heard learned counsel for the parties and having perused the material available on record, prima facie, it is found that the general allegation has been levelled regarding demand of dowry against the applicant and no specific allegation has been levelled against him; the applicant is living separately is not disputed by the learned counsel for the informant; this court is mindful to the Judgments of the Hon'ble Supreme Court rendered in the cases of Geeta Mehrotra (supra) and Kahkashan Kausar @ Sonam (supra); the present applicant is in jail since 16.07.2025; the present applicant has no previous criminal history and the undertaking that she shall co-operate in the trial proceedings properly and shall not misuse the liberty of bail and shall abide by all terms and conditions of bail
order, the applicant seeks parity with the bail order of co-accused who has already been granted bail by this Court, without expressing any opinion on merits of the issue, I am of the view that the present applicant may be released on bail in this case.
10. Accordingly, the instant bail application is allowed.
11. Let the applicant Smt. Rama Devi be released on bail in the aforesaid case crime number on her furnishing a personal bond and two sureties each BAIL No. 7727 of 2025 2
in the like amount to the satisfaction of the court concerned with the following conditions:- i) the applicant shall not tamper with the prosecution evidence; ii) the applicant shall not pressurize the prosecution witnesses; iii) the applicant shall appear on each and every date fixed by the trial court, unless her appearance is exempted by the learned trial court. (Karunesh Singh Pawar,J.) September 25, 2025 AKK BAIL No. 7727 of 2025 3
Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench