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2025 DAILYLAW 54960 (ALL)

SARITA v. STATE OF U.P.

BAIL/15450/2025 · 2025-05-12

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78064 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15450 of 2025 Applicant :- Sarita Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Maurya,Om Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Arvind Kumar Maurya, learned counsel for the applicant, Sri Ram Prakash Shukla, learned A.G.A. for the State and perused the material on record. 3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Sarita, seeking enlargement on bail during trial in connection with Case Crime No. 319 of 2024, under Sections 115(2), 352, 351(2), 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, registered at P.S. Pawai, District- Azamgarh. 4. The F.I.R. of the matter was lodged on 21.09.2024 by Karanpal against the applicant and Sanjay Pal alleging therein that marriage of Manoja Pal his sister, was solemnized in the year 2018 with Sanjay Pal. After marriage the accused persons used to torture her for dowry. In the night of 18.9.2024 the accused persons assaulted her due to which she became unconscious. On information he and others reached there, on which the accused persons stated to them that they would murder her. He took his sister to the hospital and admitted her for treatment. Report be lodged and action be taken. The F.I.R. has been lodged under Sections 115(2), 352, 351(2), 110, 85 B.N.S. and 3/4 D.P. Act. 5. Learned counsel for the applicant submitted that the applicant is mother-in-law of the deceased. It is submitted that general and omnibus allegations have been levelled against the applicant. It is submitted that the deceased subsequently died on 27.9.2024 after which post mortem examination was conducted wherein the doctor did not find any ante mortem injury on her body but cause of death was opined as shock due to antemortem septicemia. It is submitted that the applicant is a lady and is entitled to the benefit of section 437 Cr.P.C. It is submitted that charge sheet has been submitted against the applicant and co-accused Sanjay Pal, para-9 of the affidavit has been placed for the same. It is submitted that the applicant has no criminal history as stated in para-12 and is in jail since 07.10.2024. 7. Per contra, learned AGA opposed the prayer for bail and submitted that the applicant is mother-in-law of the deceased. The deceased died unnatural death in her matrimonial house. It is further submitted that Rajani the sister of the deceased is the eye witness who has stated about participation of the applicant in the present matter. It is submitted that the deceased was assaulted and her head was banged on the wall after which she became unconscious and later on died. 8. After having heard learned counsels for the parties and perusing the record, it is evident that the applicant is named in the F.I.R. There are eye witnesses of the incident. The deceased died an unnatural death in her matrimonial house. 9. Looking into the facts and circumstances of the case as well as nature and gravity of the offence, I am not inclined to release the applicant on bail. 10. The bail application is, accordingly, rejected. (Samit Gopal,J.) Order Date :- 13.5.2025 Naresh Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad