Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:22455 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1070 of 2025 Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Jitendra Singh, learned counsel for the applicant and Dr. S.B.Maurya, learned AGA-I, for the State.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 573 of 2024, under Sections 115(2), 85 and 80(2) BNS and Section 3/4 Dowry Prohibition Act, Police Station Chandpur, District Bijnor, during pendency of the trial.
3. Learned counsel for the applicant submits that applicant is mother-in- law of the deceased and on the basis of false allegation of demand of dowry and torture she has been made accused in the present matter along with her husband, i.e., father-in-law of the deceased and after considering entire facts of the case he has been released on bail by this Court and his bail order has been annexed at page 41 of the paper book and on facts, case of applicant is at par with him.
4. He further submits that applicant is a lady and there is no specific allegation against her and she is not having any previous criminal history and she is in jail in the present matter since
26.11.2024.
5. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the
learned counsel for the applicant.
6. I have heard learned counsel for the parties and perused the record of the case.
7. Considering the argument advanced by the learned counsel for the applicant and the fact that applicant is mother-in-law of the deceased and bail application of father-in-law of the deceased has been allowed by this Court and there is no specific allegation against the applicant and she is lady and she is not having any previous criminal history and in the present matter she is in jail since 26.11.2024, in my view, applicant is entitled to be released on bail.
8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
9. Let the applicant- Kamlesh 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 applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.
10. 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 applicant.
11. 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 :- 17.2.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad