BALVINDAR KAUR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/8916/2025 · 2025-09-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165226 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165226 (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. - 8916 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.116 of 2025, under Sections 80(2), 85 BNS and Sections 3/4 of D.P. Act, P.S. Imaliya Sultanpur, District Sitapur. 3. In the prosecution case it is alleged that daughter of the informant was married with the Amarjeet Singh on 31.11.2023. Since marriage, the named accused persons are demanding dowry and due to that they were committing physical cruelty on the daughter of the informant. It is further alleged that on 26.06.2025 at about 2 o'clock the named accused persons have committed her murder. 4. Learned counsel for the applicant submits that applicant is mother-in-law. In the statement of the complainant recorded under Section 161 Cr.P.C. general allegations have been levelled against the named accused persons. Cause of death is asphyxia as a result of ante mortem hanging, no other injury has been found on the person of the deceased. Viscera has been preserved. The allegations in the prosecution case are general and sweeping in nature. He submits that the applicant is in jail since 12.07.2025. Applicant has no criminal history. 4. Learned A.G.A. has opposed the bail prayer. 5. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 12.07.2025 Versus Counsel for Applicant(s) : Brijendra Singh, Tilak Raj Singh Counsel for Opposite Party(s) : G.A. Balvindar Kaur .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
having no criminal history, prima facie from perusal of the statement of the complainant it does not appear that any specific allegation has been made on applicant or there is allegation soon before death of the deceased he was subjected to cruelty relating to demand of dowry, cause of death is asphyxia as a result of ante mortem injury, applicant is a lady aged about 64 years and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 6. Accordingly, the bail application is allowed. 7.
Let the applicant Balvindar Kaur be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (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 under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (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 of the Indian Panel Code (now Section 209 BNS). September 17, 2025 Saurabh Yadav/- BAIL No. 8916 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench