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2025 DAILYLAW 191700 (ALL)

MEENA DEVI AND ANOTHER v. STATE OF U.P.

BAIL/34955/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34955 of 2025 Court No. - 66 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Shishir Tandon and Sri Pranav Tiwary, learned counsels for the applicants, Sri Purushottam Dixit, learned counsel for the first informant, Sri Ajay Singh, learned AGA-I for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicants Meena Devi, Ramveer Singh, seeking enlargement on bail during trial in connection with Case Crime No. 414 of 2024, under Sections 85, 80(2) B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, registered at P.S. Sirsaganj, District- Firozabad. 4. Learned counsel for the applicants argued that the applicants are the mother-in-law and father-in-law of the deceased and they have been falsely implicated in the present case. It is argued that marriage of the deceased/Smt. Premlata the sister of the informant was solemnized with Rahul Kumar the son of the applicants on 23.2.2023. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicants. It is argued that the husband of the deceased has been arrested and is in jail. It is argued that the cause of death as opined by the doctor is asphyxia as a result of ante mortem hanging. It is argued that the applicants have been made accused in the present case because of she Versus Counsel for Applicant(s) : Atharva Dixit, Pranav Tiwary, Shishir Tandon Counsel for Opposite Party(s) : G.A., Jitendra Kumar, Keshav Hari Dixit, Purushottam Dixit Meena Devi And Another .....Applicant(s) State of U.P. .....Opposite Party(s) being a family member of the husband of the deceased. It is further argued that the applicant no. 1 is a lady and is entitled to the benefit of Section 480 BNSS. The applicants are having no criminal history as stated in para- 39 of the affidavit and are in jail since 28.7.2025. 5. Per contra, learned AGA and learned counsel for the first informant opposed the prayer for bail. 6. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are mother-in-law and father-in-law of the deceased. The applicant no. 1/Meena Devi is a lady and such she is entitled to the benefit of Section 480 BNSS. Cause of death is asphyxia as a result of ante mortem hanging. General and omnibus allegations have been levelled against all the accused persons including the applicants. The husband of the deceased has been arrested and is in jail. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicants may be enlarged on bail. 8. Let the applicants- Meena Devi and Ramveer Singh, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 BAIL No. 34955 of 2025 2 accordance with law. (iv) The applicants will not misuse the liberty of bail in any manner whatsoever. In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under section 84 BNSS, 2023 may be issued and if applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under section 209 BNS, 2023. (v) The applicants shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law and the trial court may proceed against them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicants. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison. 10. The bail application is allowed. 11. Pending application(s), if any, shall stand disposed of. October 14, 2025 Naresh BAIL No. 34955 of 2025 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad