PANIYAHI @ KESHARI DEVI AND ANOTHER v. STATE OF U.P.
BAIL/9337/2025 · 2025-05-08
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31476 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31476 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:75641 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9337 of 2025 Applicant :- Paniyahi @ Keshari Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Shrivastava,Brijesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicants, Shri Chandan Singh, learned A.G.A. for the State and perused the record.
2. By means of the instant bail application, the applicants, Paniyahi urf Keshari Devi and Kudjahi urf Chinki Devi, are seeking bail in Case Crime No. 172 of 2024, under Sections 498-A, 323, 305, 201 I.P.C., Police Station Campierganj, District Gorakhpur.
3. Initially, the F.I.R. dated 13.04.2024 was lodged under Sections 498A, 304-B, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act against the applicants and three other accused persons with the allegation that the named accused Shailendra had developed physical relations with the daughter of the informant enticed away her on the pretext of false promise of marriage, which information was also given by him to the police on 13.06.2023. Shailendra had kept the daughter of the informant and he used to torture and harass her for demand of dowry. All the accused persons named in the F.I.R. including the applicants were also demanded motorcycle. On 12.04.2024 the informant was informed by someone that after killing his daughter she had been thrown away near a Pullia.
4. Learned counsel for the applicants submits that the body of the deceased was sent for postmortem wherein one ligature mark all around the neck three other injuries were found on her person and cause of death was found to be asphyxia due to ante mortem hanging and her hyoid bone was intact, thus, it appears that the deceased committed suicide by hanging herself. After investigation the charge sheet was submitted under Sections 498-A, 323, 305, 201 I.P.C. Learned counsel further submits that applicants are Jethani of the deceased and they have no concern with the demand of dowry as they cannot be said to be the beneficiary of any dowry.
Learned counsel further submits that there is neither any direct or indirect evidence against the applicants in commissioning of the offence nor they were present at the place of occurrence. There is no specific allegations against them and general allegation has been made against the applicants. Learned counsel for the applicant further submits that applicants are languishing in jail since 17.10.2024, having no criminal history.
5. Per contra, learned A.G.A. while opposing the prayer for bail has submitted that the deceased was living with the co-accused Shailendra without marriage, who left his house for earning his livelihood. There is specific allegations against the applicants and other accused persons that the deceased was subjected to cruelty and mental agony by all the accused including the applicants on account of which she committed suicide.
6. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, no case for bail is made out.
7. Accordingly, the bail application of applicants-Paniyahi urf Keshari Devi and Kudjahi urf Chinki Devi, is rejected.
Order Date :- 9.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad