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2025 DAILYLAW 160197 (ALL)

GUDDI @ RAM DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/8109/2025 · 2025-08-28

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8109 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. 2. The accused-applicant seeks bail in Case Crime No.170 of 2025 under Section 85/80(2) BNS and Section 3/4 Dowry Prohibition Act, Police Station Uchauliya, District Lakhimpur Kheri. 3. In the prosecution case, it is alleged that the daughter of the informant was married on 17.06.2023 to co-accused Munendra Yadav. At the time of marriage, an amount of Rs.50,000/- along with household articles was given as dowry. Thereafter, she was subjected to cruelty on account of insufficiency of dowry and demand of two bighas of land and a motorcycle. It is further alleged that on 06.07.2025, the victim committed suicide by hanging herself in her matrimonial home. 4. Learned counsel for the applicant submits that the allegations in the prosecution case are general and sweeping in nature. In the FIR as well as in the statement of the complainant, no specific role has been assigned to the applicant. It is further submitted that the complainant and his family members were present at the time of cremation of the deceased as well as during the inquest proceedings, yet no allegation was made against the applicant at that stage. The cause of death, as per the postmortem report, is asphyxia due to antemortem injuries on the body of the deceased. The applicant is in jail since 17.07.2025 and undertakes to cooperate in the trial. Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A. Guddi @ Ram Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s) 5. Learned A.G.A. has opposed the bail prayer of the applicant and submitted that the investigation is going on. 6. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 7. On due consideration of the facts that general and sweeping allegations have been levelled against all the accused persons; the cause of death is asphyxia due to antemortem injuries and no other injuries have been found; coupled with the fact that the applicant has no criminal antecedents, the applicant is the father-in-law of the deceased and is about 60 years of age; the applicant is in jail since 17.07.2025 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. 8. Accordingly, the bail application is allowed. 9. Let the applicant Guddi @ Ram Devi be released on bail in the 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 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 her 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. In case of default of this condition, it shall be open for 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 BAIL No. 8109 of 2025 2 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). August 28, 2025 Madhu D.R/P.S BAIL No. 8109 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench