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2025 DAILYLAW 3788 (ALL)

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

BAIL/2051/2025 · 2025-07-15

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115234 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2051 of 2025 Applicant :- Kumari Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amrendra Kumar Mishra,Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Amrendra Kumar Mishra, learned counsel for the applicants, Ms. Ifra Islam, learned State Law Officer and perused the material placed on record. 4. Applicants seek bail in Case Crime No. 236 of 2022, under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Ahraura, District-Mirzapur, during the pendency of trial. 5. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. PW-1, PW-2 and PW-3 have been examined during trial and they have completely resiled from their earlier statements and have been cross-examined by the public prosecutor after declaring them hostile. 6. It is further argued by learned counsel for the applicants that there is no likelihood of conviction of the applicants in the present case. There is no criminal antecedent of the applicants. The applicants are languishing in jail since 23.12.2022 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicants and the witnesses have turned hostile. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that witnesses of fact have turned hostile during trial, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 9. Let the applicants-Kumari Devi and Bharat, who is involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurize/intimidate the prosecution witnesses. (iii) The applicants shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 16.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad