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Neutral Citation No. - 2025:AHC:106913 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6431 of 2025 Applicant :- Kiran Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Katiyar,Swati Agrawal Srivastava Counsel for Opposite Party :- Anil Kumar Singh,G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant, Sri Anil Kumar Singh, learned counsel for the informant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.245 of 2024, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Bhognipur, District Kanpur Dehat, during the pendency of trial.
4. As per prosecution story, the marriage of the son of the applicant was solemnized with the deceased person as per Hindu Rites on 05.12.2023 and several pleasantries were exchanged in the marriage alongwith cash.
5. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of dowry, thereby led her to death on 14.08.2024.
6. Learned counsel for the applicant has stated that the FIR is delayed by about eight hours and there is no explanation of the said delay caused. The applicant is the mother-in-law of the deceased and has nothing to do with the said offence. The said fact stands fortified from the chat of the deceased person which tentamounts to her suicide note, whereby she has categorically stated that the person responsible for her death would be one Riya. There is no allegations against the applicant in the said suicide note.
7. Learned counsel for the applicant has further stated that the said
Riya is stated to be paramour of the husband of the deceased person. There is no particular demand of dowry mentioned in the FIR as to what was demanded in dowry. The cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicant. The applicant is languishing in jail since 09.12.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application.
9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the applicant is the mother-in-law of the deceased person and no specific role has been assigned to her, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant- Kiran Devi, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 8.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad