Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:100903
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20761 of 2025 Applicant :- Poonam Devi @ Punna Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A.,Jai Prakash Prasad,Pushkar Nath Tripathi Hon'ble Krishan Pahal,J.
1. List has been revised. 2. Heard Sri Vikas Singh, learned counsel for the applicant, Sri Rakesh Yadav, Advocate holding brief of Sri Pushkar Nath Tripathi, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.34 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station- Radha Nagar, District- Fatehpur, during the pendency of trial. 4. As per prosecution story, the marriage of son of the applicant was solemnized with the deceased person as per Hindu Rites on
29.11.2023. The applicant and other family members are stated to be subjected her to cruelty for demand of swift car as dowry, thereby led her to death on 12.3.2025 at about 05:00 p.m.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence. The FIR is delayed as it was instituted in the night of 12.3.2025. 6. Learned counsel for the applicant has further stated that the deceased had a son from her marriage and the said son is living with the applicant in jail as all the family members are in jail. The life of son of the deceased person has been put to jeopardy as he has been forced to live in jail. 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 antemortem hanging. 7. It is further argued by learned counsel for the applicant that
the applicant is the mother-in-law of the deceased person and is the sole care taker of the seven months old infant of the deceased person, as such, she is entitled for bail. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.5.2025 and she is ready to cooperate with trial.
In case, the applicant is released on bail, she will not misuse the liberty of bail. 8. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application, but they have not disputed the fact that the seven moths old infant of the deceased person is living with the applicant in jail. 9. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that there are general and omnibus allegations have been made against the applicant coupled with the fact that she is the mother-in-law of the deceased person and is the sole care taker of the seven months old infant of the deceased person, who is living with her in jail, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant- Poonam Devi @ Punna Devi, who is involved in aforementioned case crime be released on bail on her 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 applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. 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 :- 1.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad