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2025 DAILYLAW 160013 (ALL)

DEVANSHI @ DIVANSHI v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO. AND ANOTHER

NABAIL/1099/2025 · 2025-08-26

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1099 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State as well as Shri Om Prakash Tiwari, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. 2. The present anticipatory bail application has been filed by accused- applicant seeking anticipatory bail in Case Crime No.223 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 D.P. Act, P.S. Kotwali Dehat, District Bahraich. 3. Learned counsel for the applicant submits that the applicant is the unmarried sister-in-law of the deceased. She is innocent and has been falsely implicated in the present case. It is further submitted that she is suffering from a cancerous ovarian cyst, and therefore, she deserves to be granted anticipatory bail. 4. Learned AGA and learned counsel for the complainant has opposed the anticipatory bail application submitting that proceedings under Section 82 Cr.P.C. has been assigned against the present applicant. She is not cooperating in the investigation. There are antemortem injuries on the body of the deceased for which there is no explanation. He also submits there are ten ante-mortem injuries on the body of the deceased. The deceased died within three months of her marriage under most unnatural circumstances in Versus Counsel for Applicant(s) : Gyanendra Pathak Counsel for Opposite Party(s) : G.A., Mohd. Nafeesh Quraishi, Om Prakash Tiwari Devanshi @ Divanshi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. And Another .....Opposite Party(s) the matrimonial home relating to demand of dowry and cruelty. 5. On the other hand, learned AGA as well as learned counsel for the complainant have opposed the anticipatory bail application, contending that proceedings under Section 82 Cr.P.C. have already been initiated against the applicant and she is not cooperating with the investigation. It is further pointed out that there are as many as ten ante-mortem injuries on the body of the deceased, which remain unexplained. The deceased, who died within three months of her marriage in her matrimonial home, was subjected to cruelty and harassment in connection with demand of dowry, and her death occurred under highly unnatural circumstances. 6. Perused the record. 7. A perusal of the postmortem shows that the deceased has received ten antemortem injuries which are as under:- "1. Non Continuous, Ligature Mark 28.5 Cm X 2.5 C Around The Neck, Obliquely Upward. Interrupted With A Gap Of 4.0 Cm, Left Side Of Neck, Mark Situated 1.0 Cm Below Left Ear Pinna, 5.5 Cm Below Right Ear Pinna And 3.5 Cm Below Chin Mark Is Hard, Leathery And Parchment Like And The Margins Red And Congested, On Cutting Subcutaneous Tissue Is Whitish Glistened, Mark Is Superficial And Broad. 2. Superficial Abresion 4.5 X 1.5 Cm Present Over Mid Of Lower Abdomen And Umbilical Region. 3. Contusion 3.0x 1.5 Cm Present Over Posterior Aspect Of Right Elbow Joint. 4. Contusion 6x3 Cm Present Over Palmar Surface Of Right Hand Extending Upto Wrist Joint. 5. Contusion 9x5 Cm Present Over Palmar Surface Of Left Hand Extending Upto Wrist Joint. 6. Contusion 2.0x1 Cm To 6x4 Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Right Knee Joint Extending Up To Lower Leg And Dorsal Aspect Of Foot. 7. Contusion 3.0x2 Cm To 5 X 25 Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Left Knee Joint Extending Up To Lower Leg And Dorsal Aspect Of Foot. 8. Contusion 2.0x1.5 Cm To 4x2.5 Cm Present Over Various Places Of Anterio Medial And Letral Aspect Of Right Thigh Extending Upto Right Knee Joint. 9. Contusion 2.0x1.0 Cm To 6 X 2. Cm Present Over Various Places Of Anterio NABAIL No. 1099 of 2025 2 Medial And Letral Aspect Of Left Thigh Extending Upto Left Knee Joint. 10. Contsion 4 X 2.5 Cm Anterio Medial And Letral Aspect Of Left Arm." 8. It is noted that the anticipatory bail applications of co-accused Sadhna and Radhna, who were assigned similar roles, have already been rejected by this Court vide order dated 19.08.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 885 of 2025. 9. Considering the fact that the deceased died within three months of marriage in unnatural circumstances in her matrimonial home due to cruelty and dowry-related demands, and the role of the applicant appears to be similar to that of co-accused Sadhna and Radhna, this Court finds no ground to take a different view for exercising its extraordinary jurisdiction under anticipatory bail. 10. Accordingly, the anticipatory bail application stands rejected. August 26, 2025 R.C. NABAIL No. 1099 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench