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2025 DAILYLAW 18979 (ALL)

RAJKUMARI v. STATE OF U.P. AND ANOTHER

NABAIL/1249/2025 · 2025-02-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23528 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1249 of 2025 Applicant :- Rajkumari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Naresh Kumar Pal, Advocate, has filed his Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no. 1, and Sri Naresh Kumar Pal, learned counsel for the informant, and perused the material placed on record. 3. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 121 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station Ayana, District Auraiya. 4. Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased and has been falsely implicated in the instant case. The deceased was not subjected to cruelty for demand of dowry. The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of her arrest in the above mentioned case. 5. Learned A.G.A. has opposed the prayer for anticipatory bail. 6. After having heard learned counsel for the parties and having perused the record, this Court prima facie finds that in this case a woman died in unnatural circumstances in her matrimonial house within four days of her marriage. There are allegations of demand of dowry. As per the post- mortem report, the deceased died due to asphyxia as a result of ante-mortem hanging. 7. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence, this application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application, when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 18.2.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad