SMT. MANJU v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
BAIL/9479/2025 · 2025-09-26
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168005 (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. - 9479 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned A.G.A. for the State and
learned counsel for the complainant as well as perused the record. The accused-applicant seeks bail in Case Crime No.128 of 2025 under Section 108 BNS, Police Station Baba Bazar, District Ayodhya. In the prosecution case it is alleged that the daughter of the informant was married about nine years ago with the present applicant, Amresh. On 11.07.2025, at about 8:00 a.m., the informant came to know that his daughter had committed suicide by hanging herself. Suspicion has been raised that the applicant was having an extra-marital affair with one Manju, a neighbour from the same village, which the daughter of the informant opposed. On account of this illicit relationship, there used to be frequent quarrels between the deceased and her husband Amresh. It is alleged that, fed up with the harassment caused by Amresh and Manju and being instigated by them, the daughter of the informant committed suicide.
Learned counsel for the applicant submits that except the statements of the complainant and the sister of the deceased, wherein the prosecution case as mentioned in the FIR has been reiterated, there is no other material to attract the ingredients of Section 108 BNS. The cause of death, as per the post- mortem report, is asphyxia as a result of hanging. It is further submitted that the applicant has no criminal history and is in jail since 17.07.2025. Versus Counsel for Applicant(s) : Jaleel Ahmad Counsel for Opposite Party(s) : G.A. Smt. Manju .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
Learned counsel for the applicant submits that the co-accused Amresh Kumar who was assigned similar role has been enlarged on bail by this Court vide order dated 17.09.2025 passed in criminal misc. bail application No. 8905 of 2025. Learned counsel for the applicant seeks parity with the
order of the co-accused. It is also submitted that there is no possibility of the applicant fleeing away after being released on bail or tampering with the prosecution witnesses. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail. Learned A.G.A. as well as learned counsel for the complainant have opposed the bail prayer of the applicant but could not successfully dispute the factual
submissions made on behalf of the applicant. I have considered the arguments advanced by learned counsel for the parties and perused the record. On due consideration to the statement of Rani, the sister of the deceased; the cause of death shown in the post-mortem report; the bail order of co-accused Amresh Kumar; the facts that the applicant has no criminal antecedents; the ingredients of the offence under Section 108 BNS; the applicant is in custody since 17.07.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicant Smt. Manju be released on bail in aforesaid first information report number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below 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 BAIL No. 9479 of 2025 2
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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the 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 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 of the IPC (now Section 209 BNS). September 26, 2025 R.C.
BAIL No. 9479 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench