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2025 DAILYLAW 35381 (ALL)

JAYANTI PRASAD AND ANOTHER v. STATE OF U.P.

BAIL/11144/2025 · 2025-04-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49214 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11144 of 2025 Applicant :- Jayanti Prasad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Somdev Dixit Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Somdev Dixit, learned counsel for the applicants and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicants with the prayer to release them on bail in Case Crime No.199 of 2024, under Sections 85,108 and 191(2) BNS and Section 3/4 Dowry Prohibition Act, Police Station Matsaina, District Firozabad during pendency of the trial. 3. Learned counsel for the applicants submits that applicants are the in-laws of the deceased and on the basis of false allegation they have been made accused in the present matter along with their family members including husband of the deceased. 4. He further submits that some dispute arose between husband and wife and thereafter the wife, i.e., deceased committed suicide by hanging herself and after death only being her in-laws applicants have also been made accused in the present matter. 5. He further submits that however, as per allegation due to abetment of applicants, their daughter-in-law committed suicide but FIR of the present case shows that on the basis of vague allegation of torture, applicants have been made accused in the present matter and there is no cogent evidence of abetment against the applicants on record. 6. He further submits that applicants are not having any previous criminal history and in the present matter they are is in jail since 04.2.2025. 7. Per contra, learned AGA, however, opposed the prayer for bail and submits that apart from the present case applicants are having criminal history of one another case but he fairly conceded, that case relates to minor offence. 8. Learned AGA could not dispute the other arguments advanced by the learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicants are in-laws of the deceased and as per allegation due to their torture with regard to demand of dowry deceased committed suicide by hanging herself but considering the FIR of the present case the argument advanced by the learned counsel for the applicants that on the basis of vague allegation of demand of dowry, applicants have been roped in the present matter, cannot be ruled out at this stage and considering this fact, this Court also finds merit in the argument advanced by the learned counsel for the applicants that there is no cogent evidence of abetment against the applicants. 11. Further, however, it appears that applicants are also having criminal history of one another case and their criminal history has not been explained in the instant bail application but even as per learned AGA that case relates to minor offence. 12. Further, in the present matter applicants are in jail since 04.2.2025. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicants-Jayanti Prasad and Shri Devi 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 applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 16. 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 applicants. 17. 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 :- 7.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad