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2025 DAILYLAW 1836 (ALL)

SHEESHKALI v. STATE OF U.P. AND ANOTHER

NABAIL/8786/2025 · 2026-03-17

Rajiv Lochan Shukla

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8786 of 2025 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Learned counsel for the applicant; and learned A.G.A. for the State are present. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 392 of 2025, under Sections 85, 80(2), 352 of the B.N.S., 2023, and 3/4 of the Dowry Prohibition Act, Police Station – Kotwali, District Maharajganj, with a prayer to enlarge her on anticipatory bail, till the conclusion of the trial. 3. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant seeks anticipatory bail on the following grounds :- i. The applicant is the mother-in-law of the deceased. ii. The applicant's son Sanjay (co-accused), had performed a love marriage with the deceased. iii. The elder sister of the deceased is married to the elder son of the applicant, Manjesh, and there has never been any demand of dowry. iv. Even otherwise, in the statement of the younger sister of the deceased, Smt. Ruby, it has been alleged that there was a demand for a motorcycle. The applicant, being an old lady aged about 52 years, would not be a beneficiary of any such demand. Versus Counsel for Applicant(s) : Karuna Nand Tiwari Counsel for Opposite Party(s) : G.A., Mohd Naushad Sheeshkali .....Applicant(s) State of U.P. and Another .....Opposite Party(s) v. The applicant has no criminal antecedents. vi. The husband of the deceased, namely Sanjay (co-accused), is already in jail. 4. The learned A.G.A. has opposed the prayer for grant of anticipatory bail and submitted that the applicant and the co-accused are the only two nominated accused in the First Information Report (FIR). It is further submitted that in the statement of Smt. Ruby, the younger sister of the deceased, specific allegations of dowry demand and harassment have been made against the applicant along with the co-accused. The offence alleged is heinous in nature; therefore, no indulgence may be granted to the applicant. 5. I have considered the submissions made by the learned counsel for the parties. 6. The applicant, though named in the FIR, is implicated in the FIR, which has been lodged with a delay of two days. The elder sister of the deceased is married to the elder son of the applicant, and there are no allegations either in the FIR or in the statements recorded during investigation that any demand of dowry or harassment was meted out to her. It is an admitted case of the prosecution that the deceased and applicant's son, Sanjay, had performed a love marriage. 7. The applicant is an old lady aged about 52 years and has no criminal antecedents. Her case is distinguishable from that of the co-accused Sanjay, who is the husband of the deceased. During investigation, the police has not yet recorded the statement of the elder sister of the deceased Km. Anita (also referred to as Anisa), who is said to be residing with the elder son of the applicant. 8. In view of the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 9. The anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant- Sheeshkali, involved in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing a personal bond and two sureties each in the like amount to the NABAIL No. 8786 of 2025 2 satisfaction of the Station House Officer of the police station/Court concerned, with the following conditions:- i. the applicant shall make herself available for interrogation by a police officer as and when required; ii. that 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; iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness; 11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. March 18, 2026 Kushal NABAIL No. 8786 of 2025 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad