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2025 DAILYLAW 22442 (ALL)

RAMAWATI v. STATE OF U.P.

BAIL/6688/2025 · 2025-04-24

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64002 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6688 of 2025 Applicant :- Ramawati Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Santosh Kumar Tiwari, learned Counsel for the applicant and Shri Vijay Kumar, learned A.G.A.-I for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 168 of 2024, under Sections 498A, 306 I.P.C., Police Station Puranderpur, District Maharajganj, during pendency of the trial. 3. Learned counsel for the applicant submits, applicant is mother- in-law of deceased and she has been falsely made accused in the present matter along with her family members including co- accused Ramkalewa Yadav i.e. father-in-law of deceased and co- accused Ramkelewa Yadav has already been released on bail by co-ordinate Bench of this Court vide order dated 11.12.2024 passed in Criminal Misc. Bail Application No.42440 of 2024 and his bail order has been annexed at Annexure-11 to the affidavit filed in support of instant bail application and on facts, case of applicant is at par with him. 4. He further submits, applicant is a lady, she is not having any criminal history and in the present matter she is in jail since 24.01.2025. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 6. I have heard learned counsel for the parties and perused the record of the case. 7. However, it reflects, initially the FIR of the present case was lodged under Section 498A, 304B IPC and 3/4 Dowry Prohibition Act but during investigation, case was converted under Section 306 IPC. 8. Further, applicant is mother-in-law of the deceased and there is no specific allegation against her. 9. Further, bail application of father-in-law namely Ramkalewa Yadav has already been allowed by co-ordinate Bench of this Court and on facts, case of applicant is at par with him. 10. Further, applicant is lady, she is not having any criminal history and in the present matter, she is in jail since 24.01.2025. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Ramawati be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 25.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad