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2025 DAILYLAW 164956 (ALL)

MAYAWATI @ MAYADEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.

BAIL/8885/2025 · 2025-09-17

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8885 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’s daughter was married on 04.12.2023 according to Hindu rites and rituals. After two to three months of marriage, the named accused persons began subjecting her to cruelty for demand of dowry. About three months prior, the deceased had become pregnant. It is alleged that her husband pressurized her to undergo a fetal test, which she refused. Further, on 20.05.2025 at about 8:30 a.m., pressure was again exerted upon her for additional dowry from her parents. Thereafter, the informant received information from a resident of Mirakhnagar village that his daughter had died. 3. Learned counsel for the applicant submits that the applicant is the mother- in-law of the deceased. The prosecution case contains only general allegations, and during investigation, the prosecution story was not found to be true i.e. why name of father-in-law has been dropped while filing the charge sheet. The cause of death has been opined as asphyxia due to antemortem hanging, with no other injury except a ligature mark. Even independent witnesses have not made any specific allegation against the present applicant and, in fact, have denied the prosecution story regarding her role. Witness Sujeet Kumar Yadav himself has expressed uncertainty. Versus Counsel for Applicant(s) : Suresh Chandra Shukla, Vikalp Shukla Counsel for Opposite Party(s) : G.A. Mayawati @ Mayadevi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. .....Opposite Party(s) 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 the applicant is enlarged on bail, he shall not misuse the liberty of bail. 5. Learned AGA has opposed the bail application. 6. On due consideration to the facts that the applicant, aged about 65 years, is the mother-in-law of the deceased; the cause of death is asphyxia as a result of antemortem hanging; there is no other injury except a ligature mark; and no specific role has been attributed to her, coupled with the fact that the applicant is languishing in jail since 07.06.2025 without having any criminal antecedents, I find it to be a fit case for granting bail to the applicant. 7. Accordingly, the bail application is allowed. 8. Let the applicant Mayawati @ Mayadevi involved in F.I.R. No. 0088/2025, U/S: 80(2), 85 B.N.S. & 3/4 D.P. Act, Police Station: Nigoha, District: Lucknow, 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, BAIL No. 8885 of 2025 2 without sufficient cause, the trial court may proceed against him in accordance with law. (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 17, 2025 R.C. BAIL No. 8885 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench