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2025 DAILYLAW 164448 (ALL)

RAMPYARI v. STATE OF U.P. THRU. PRIN. SECY. HOME SECTT. LKO.

/8728/2025 · 2025-09-12

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8728 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. In the prosecution case, it is alleged that the informant solemnized the marriage of his daughter with the son of the applicant about 14 months ago and gave sufficient dowry. However, the in-laws of the deceased, who are named accused persons, remained dissatisfied and subjected her to cruelty with a demand for a gold chain and Rs. 1,00,000/-. Although her father had paid Rs. 20,000/-, the demand persisted. On 24.07.2025, on suspicion, the informant went to Sharifabad and found his daughter’s dead body lying in the verandah. 3. Learned counsel for the applicant submits that the cause of death, as per postmortem, is asphyxia due to antemortem hanging, and except for the ligature mark, no other injury was found on the body of the deceased. It is further contended that the allegations in the prosecution case are general and sweeping in nature; the applicant, being the mother-in-law, was residing separately, which has been specifically pleaded in paragraph 10 of the bail application. It is also pointed out that the charge sheet has already been filed and the applicant is in custody since 25.07.2025 without any criminal antecedents. 4. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case Versus Counsel for Applicant(s) : Atul Kumar Singh Gaur Counsel for Opposite Party(s) : G.A. Rampyari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko. .....Opposite Party(s) the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA has opposed the bail application on the ground that the death of the deceased occurred within 15 months of marriage. 6. Having regard to the facts that the applicant is a woman; the charge sheet has been filed; the cause of death is asphyxia due to antemortem hanging; no injury other than the ligature mark was found on the deceased’s body and the applicant is in custody since 25.07.2025 without any previous criminal history, I am of the view that it is a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rampyari involved in Case Crime no. 264/2025, U/s- 85, 80 (2) BNS and 3/4 D.P. Act, Police-Station-Ghunghter, District- Barabanki, be released on bail on his 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 he 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 his absence, without sufficient cause, the trial court may proceed against him in accordance with law. BAIL No. 8728 of 2025 2 (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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 him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. September 12, 2025 R.C. BAIL No. 8728 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench