Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109940 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29842 of 2024 Applicant :- Shanti Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Singh Counsel for Opposite Party :- G.A.,Manoj Yadav Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Pramod Kumar, holding brief of Sri Sarvesh Kumar Singh, learned counsel for the applicants and Sri Manoj Yadav,
learned counsel for the informant as well as Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the record.
3. Applicants seek bail in Case Crime No. 61 of 2024 , under Sections 304B, 498A IPC and Section 3/4 of D.P. Act, Police Station Bansdih, District Ballia, during the pendency of trial.
4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about seven hours and there is no explanation of the said delay caused.
5. Learned counsel has further stated that there are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging. There is no criminal history of the applicants. The applicants are languishing in jail since 13.03.2024 and they are ready to cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail.
6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the decease had expired within 11 months of her marriage, as such the applicants are not entitled for bail.
7. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties and taking
into consideration the delay in institution of the FIR coupled by the fact that there are general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed.
8. Let the applicants- Shanti Devi and Shiv Mangal Gond, who are involved in aforementioned case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed.
9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 10.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad