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2025 DAILYLAW 160022 (ALL)

SMT.ASHA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8854/2025 · 2025-09-16

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8854 of 2025 Court No. - 12 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.206 of 2025 under Section 85, 80(2) BNS and Seciton 3/4 Dowry Prohibition Act,. Police Station Harpalpur, District Hardoi. It is alleged that the daughter of the informant was married about five years ago with the son of the applicant. It is further alleged that her in-laws used to subject her to cruelty and demanded a Bullet motorcycle in dowry. It is also alleged that the son-in-law of the informant was addicted to liquor and often committed atrocities upon the deceased. Lastly, it is alleged that on 26.06.2025 at about 12 noon, the in-laws committed her murder and ran away after leaving the dead body. Learned counsel for the applicant submits that general and sweeping allegations have been levelled against all the family members, including the applicant, who is the mother-in-law of the deceased. As per the postmortem report, the cause of death is asphyxia as a result of antemortem hanging. Apart from a ligature mark, there are only two injuries found on the non-vital part of the body which appear to have been sustained while bringing the body down. In the statement of the complainant also only general allegations have been made Versus Counsel for Applicant(s) : Anil Kumar Singh Counsel for Opposite Party(s) : G.A. Smt.Asha .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) without assigning any specific role to the applicant. It is further submitted that the applicant was residing separately from the deceased and her son, and specific pleadings in this regard have been taken in paragraph 13 of the bail application. The applicant is innocent, has no criminal history, and is a lady aged about 60 years. It is further submitted that there is no likelihood of the applicant absconding or tampering with prosecution witnesses. In case she is released on bail, she shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail and has submitted that the deceased died an unnatural death within seven years of marriage on account of dowry demand. I have considered the submissions advanced by learned counsel for the parties and perused the material on record. On due consideration to the facts that the applicant is a lady, mother- in-law of the deceased, aged about 60 years, having no criminal antecedents, the cause of death being asphyxia as a result of antemortem hanging, coupled with the fact that the allegations made are general and sweeping in nature without any specific role assigned to the applicant 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. Accordingly, the bail application is allowed. Let the applicant Smt. Asha be released on bail in aforesaid first information report number 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 will not tamper with the evidence during the trial, (ii) The applicant will not pressurize or intimidate the prosecution witness, BAIL No. 8854 of 2025 2 (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 such 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, and 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, and in case of her absence without sufficient cause the trial court may proceed against her under Section 229-A of the 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 the applicant 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 of the IPC (now Section 209 BNS). September 16, 2025 Madhu D.R/P.S BAIL No. 8854 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench