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2025 DAILYLAW 188698 (ALL)

SUNDARI DEVI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/11938/2025 · 2025-12-09

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11938 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicants, learned AGA and perused the record. 2. The applicants seek enlargement on bail in FIR No.202 of 2025, under Section 85, 80(2) BNS & Section 3/4 of D.P. Act, P.S. Bheera, District Lakhimpur Kheri. 3. In terms of the FIR it was alleged that daughter of the informant was married to son of applicant no.1 & brother of applicant no.2 some time six years ago and subsequently, the entire matrimonial family had killed her for dowry. Cause of death, as per the viscera analysis, is zinc phosphide. Postmortem report on record does not record presence of any injury except contusion on the outer aspect of right mid thigh and back of left elbow. 4. Learned AGA has opposed the bail application. 5. Considering the postmortem report and there being nothing on record to demonstrate that soon before her death the victim was harassed mentally or physically at the instance of the applicant in relation to demand of dowry, the applicants who are in custody since 30.08.2025 and have no criminal antecedents, are entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicants Sundari Devi and Visheshar be released on bail in aforesaid FIR number on their furnishing a personal bond each with two Versus Counsel for Applicant(s) : Prince Singh, Akhil Anand Counsel for Opposite Party(s) : G.A. Sundari Devi And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicants shall execute a bond to undertake to attend the hearings; (b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and (c) The applicants 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. December 9, 2025 nishant BAIL No. 11938 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench