MITHILESH KUMARI @ MITHILESH v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO.
BAIL/8077/2025 · 2025-08-28
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160391 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160391 (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. - 8077 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State-respondents.
2. As per learned counsel for the applicant, the present applicant is languishing in jail since 11.08.2025 in Case Crime No.169 of 2025, under Sections 80(2), 85, 351(3) of BNS and Section 3/4 of the Dowry Prohibition Act, Police Station-Hargaon, District-Sitapur.
3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in this case as she has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). No specific role has been attributed to the present applicant. The present applicant was having cordial relation with her daughter-in-law (since deceased) and she has never demanded any dowry from her or her family members. So as to implicate the entire family, the present applicant, who is the mother-in-law, has been implicated in this case.
4. Learned counsel for the applicant has submitted that the cause of death is hanging. There is no antemortem injury on the body of the deceased except ligature mark around the neck which might be caused due to hanging. The present applicant is having no previous criminal history. The charge-sheet has been filed and she undertakes 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 the Versus Counsel for Applicant(s) : Onkar Nath Nishad Counsel for Opposite Party(s) : G.A. Mithilesh Kumari @ Mithilesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. .....Opposite Party(s)
bail order. He further submitted that the co-accused Aditya Prakash Singh, who is father in law, has been granted bail by coordinate Bench of this Court vide order dated 3.7.2025 passed in Criminal Misc Bail Application No.6199 of 2025. He seeks parity with the bail order of the said co-accused.
5. Per contra, learned Additional Government Advocate has opposed the aforesaid prayer of learned counsel for the applicant but he could not dispute that it is a case of parity.
6. Without entering into merits of the issue, considering the arguments of
learned counsel for the parties, the contents and allegations of the F.I.R., other material available on record, no specific role has been attributed to the present applicant, the charge-sheet has been filed, the cause of death is hanging and there is no antemortem injury on the body of the deceased except ligature mark around the neck which might be caused due to hanging, and the undertaking of the present applicant that she shall co- operate in the trial proceedings properly and also considering the fact that co-accused has already been granted bail and the applicant seeks parity with the bail order of co-accused Aditya Prakash Singh who is the father in law of the deceased, I am of the view that the present applicant may be released on bail.
7. Accordingly the bail application is allowed on the ground of parity.
8. Let the present applicant Mithilesh Kumari @ Mithilesh be released on bail in the aforesaid case crime number on her furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court 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 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 him/her from disclosing such facts to the Court or to any police officer or to tamper with the evidence.
BAIL No. 8077 of 2025 2
(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 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. 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. 8077 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench