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Neutral Citation No. - 2025:AHC:145344 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20016 of 2024 Applicant :- Gyan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Adarsh Srivastava,Ashutosh Yadav,Jitendra Pal Singh,Jitendra Pal Singh Jadaun,Kuldeep Singh Tomar,Reena Pal,Shyam Lal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 327 of 2023, under Sections 498A, 304B, 201 IPC and Section 3/4 of D.P. Act, Police Station Awagarh, District Etah, during the pendency of trial. 4. As per prosecution story, the police has instituted the FIR stating that son of the applicant had solemnized marriage with one Soniya Sharma as love marriage in Maa Kaila Devi Marriage Home on
14.12.2023. In the night of 29/30.12.2023, the deceased was found dead under suspicious circumstances and the applicant and other family members are stated to have conducted last rites of the deceased at a open place behind there house on 30.12.2023. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR has been instituted by the police out of suspicion. 6. Learned counsel has further stated that the applicant is the mother-in-law of the deceased person and has nothing to do with the said offence. It is an admitted fact that it was the love marriage, as such it is a clear cut case of false implication and there was no question of demand of any dowry whatsoever. The applicant herself has two more children to take care, one of them is only five years old, as such she is entitled for bail. 7. The applicant is languishing in jail since 01.02.2024 and the trial is moving at snail's pace. The applicant has no criminal history. In case, the applicant is released on bail, she will not
misuse the liberty of bail and shall cooperate with trial. 8.
Per contra, learned AGA has vehemently opposed the bail application on the ground that the applicant and other co-accused persons were hand-in-glove and the applicant being mother-in-law of the deceased person, had active participation in the commission of crime, as such she is not entitled for bail. 9. This Court had called for a report regarding the status of trial and in compliance thereof, a report has been submitted by the Trial Court concerned dated 08.08.2025. As per the said report, six witnesses have already been examined to date and the case is fixed for further prosecution evidence on 12.08.2025 and the trial is moving at its reasonable pace. 10. The Supreme Court in case of X Vs. State of Rajasthan & Anr. reported in 2024 INSC 909, has held that once the trial has commenced, it should be allowed to reach to its final conclusion, which may either result in conviction or acquittal of the accused. The bail should not be normally granted to the accused after the charge has been framed. It should also not be granted by looking into the discrepancies here or there in the deposition. 11. Considering the facts and circumstances of the case,
submissions advanced by learned counsel for the parties and also considering the fact that the applicant is the mother-in-law of the deceased and the trial is at its conclusive end, I do not find it a fit case to release the applicant on bail.
12. The bail application is, accordingly, rejected.
13. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously, in view of the principle laid down in the recent judgements of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab 2015 (3) SCC 220 and Hussain and Another vs. Union of India (2017) 5 SCC 702, if there is no legal impediment.
14. 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 :- 22.8.2025/Sumit S Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad