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2025 DAILYLAW 52987 (ALL)

SHAKUNTLA DEVI ALIAS SHRIMATI v. STATE OF U.P.

NABAIL/3457/2025 · 2025-05-16

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82841 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3457 of 2025 Applicant :- Shakuntla Devi Alias Shrimati Opposite Party :- State of U.P. Counsel for Applicant :- Aditya Yadav,Ajay Yadav,Shivam Yadav Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 233 of 2024, under Sections 80(2), 85 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Khairgarh, District Firozabad, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. The F.I.R. dated 19.12.2024 was lodged against the applicant, her son and her husband, alleging therein that the informant's daughter was solemnized with the son of applicant and soon after marriage they accused persons started demanding two lakh rupees as dowry and on account of non fulfillment thereof the informant's daughter was subjected to cruelty and mental agony. On 18.12.2024 the informant was informed by some one that his daughter has hanged herself. In the F.I.R. suspicion was made that the accused had killed the deceased by hanging her. 4. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased. After the death of deceased her postmortem was conducted in which except one ligature mark all around the neck no other injury was found her person and her cause of death was found to be asphyxia due to ante mortem hanging. Learned counsel further submits that there is no evidence against the applicant to connect with the crime. False and frivolous allegations of demand of dowry has been made against the applicant. General and omnibus allegation has been made against the applicant. Only on the basis of version of F.I.R. and the statements of other witnesses the applicant has been implicated in the case. It has been argued that applicant is innocent and he has an apprehension that she may be arrested in the above-mentioned case, whereas there is no credible evidence against him. One co- accused, i.e., father-in-law of the deceased, has already been granted bail. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, she shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail and submitted that the charge sheet has been filed against the applicant in the matter, therefore, there appears no occasion to grant any indulgence to the applicant at this stage. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, and considering that specific allegation has been made against the applicant for demand of dowry and subjecting to cruelty and mental agony to the deceased, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. The anticipatory bail application is rejected. Order Date :- 17.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad