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2025 DAILYLAW 47951 (ALL)

KAVITA v. STATE OF U.P.

BAIL/18986/2025 · 2025-08-10

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136821 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18986 of 2025 Applicant :- Kavita Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Singh,Manoj Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Raj Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Kavita, seeking enlargement on bail in Case Crime No. 1101 of 2024, under Section 105 BNS, Police Station Khurja Nagar, District Bulandshahr. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. She has been falsely implicated in this case crime number and is languishing in jail since 26.11.2024. She has no criminal antecedent and there is no likelihood of her fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that as per the FIR version, on 13.10.2024 at about 4:30 a.m., the applicant has poured hot water with intention to kill her husband namely Sudhir Kumar and during treatment the husband of applicant died on 18.10.2024 in the hospital. It is submitted that the incident took place on 18.10.2024 and its FIR was lodged on 16.11.2024 after about one month without giving any explanation for delay in lodging the FIR. As per the post mortem report the cause of death is due to septicemia consequent upon ante-mortem burn involving 67% of total body surface areas. It is next submitted that the applicant has no concern about the said incident, in fact the applicant was going to bath and she was coming out from the room with hot water, the hot water was dropped unfortunately upon her husband and as a result of this, her mother-in-law has falsely been implicated the applicant in the present case while she is totally innocent. The applicant has not committed any offence as alleged in the FIR. Hence, bail has been prayed for. 5. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Kavita involved in above mentioned case crime number be released on bail, on her executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless her personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail. Order Date :- 11.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad