Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:106100 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20719 of 2025 Applicant :- Kaushilya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Vishveshwar Mani Tripathi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 875 of 2024, under Sections 80(2), 85, 352, 351(3) B.N.S. and 3/4 D.P. Act, Police Station-Chiluatal, District-Gorakhpur, during the pendency of trial.
4. As per prosecution story, the marriage of the son of the applicant was solemnized with the sister of the informant as per Hindu Rites on 18.05.2022 and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of Rs. 5,00,000/- as dowry, thereby leading her to death on
24.11.2024.
5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Applicant is the mother-in-law of the deceased person and she has nothing to do with the said offence. There are general and omnibus allegations against all the accused persons. The FIR is delayed by about three days and there is no explanation of the said delay caused.
6. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.11.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application on
the ground that the cause of death is strangulation, as such, the applicant was hand in gloves with the main accused person, husband of the deceased.
8. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the fact that there is delay of three days in institution of FIR 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.
9. Let the applicant-Kaushilya 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.
10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
11. 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 :- 7.7.2025 Karan (Krishan Pahal, J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad