SMT. RAMDEVI v. STATE OF U.P. THRU. SECY. DEPTT. OF HOME LKO
BAIL/8538/2025 · 2025-09-09
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162499 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162499 (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. - 8538 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the informant married her daughter on 13.7.2024 with son of the accused applicant. It is alleged that after marriage, named accused persons started demanding motorcycle and golden chain in the form of additional dowry and on account of non- fulfillment of dowry demand, they used to beat the deceased. On 30.4.2025 at about 2.00p.m., due to demand of dowry, they have committed murder of the deceased and hanged her. 3.Learned counsel for the applicant submits that in her statement under section 180 BNSS, general and sweeping allegation has been made against all the accused persons. There is no specific allegation against the applicant. Cause of death is asphyxia as a result of ante mortem hanging. There is no other ante mortem injury present in the post mortem report. The applicant is mother-in-law. Charge sheet has been filed. The applicant has been falsely implicated. The applicant has no previous criminal history. The applicant is in jail since 8.5.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Uttam Kumar Verma, Sunil Mohan Counsel for Opposite Party(s) : G.A. Smt. Ramdevi .....Applicant(s) State Of U.P. Thru. Secy. Deptt. Of Home Lko .....Opposite Party(s)
3.Learned A.G.A. opposed the prayer for bail and submits that it is a heinous offence. The victim died within nine months of her marriage. 4.Considering the facts and circumstances of the case, including the fact that the applicant has no criminal history, charge sheet has been filed, general and sweeping allegation has been made by the complainant in the prosecution case, there is no other ante mortem injuries except ligature mark, arguments advanced by learned counsel for the parties, the applicant is in jail since 8.5.2025, and without expressing any opinion on the merits of the case, I am prima facie satisfied that it is a fit case for enlarging the applicant on bail. The bail application is accordingly allowed.
The bail application is accordingly allowed. 5.Let the applicant Smt. Ramdevi, involved in Case Crime No.88 of 2025 under sections 85, 80(2) BNS, 3/4 Dowry Prohibition Act, P.S. Maanpur, district Sitapur, be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (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 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 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 his counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under BAIL No. 8538 of 2025 2
Section 229-A I.P.C. (now 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 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 I.P.C. (now 209 BNS) It is made clear that any observation(s) made in the present order shall not affect the trial. September 9, 2025 kkb/ BAIL No. 8538 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench