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2025 DAILYLAW 68592 (ALL)

SHYAM KUMARI v. State of U.P.

BAIL/24271/2024 · 2025-08-31

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24271 of 2024 Court No. - 65 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant and Sri Brijesh Kumar Singh, holding brief of Sri Chandrakant Tripathi, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 254 of 2023, under Sections 498A, 304B, 323, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Kotwali Dehat, District Mirzapur, during the pendency of trial. 4. As per prosecution story, marriage of the son of the applicant was solemnized with the deceased person as per Hindu rites on 16.04.2023. The applicant and other family members are stated to have subjected the deceased to cruelty for demand of Rs.5 lacs as dowry and thereby led her to death in the night of 17/18.10.2023. 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 is delayed and there is no explanation of the said delay caused. 6. Learned counsel has further stated that it is true that the deceased has sustained injury but it was an accidental fall from the roof. The applicant and other family members contributed to the treatment of the deceased Versus Counsel for Applicant(s) : R.K.Paramhans Singh, Shiv Lal, Shri Prakash Dwivedi Counsel for Opposite Party(s) : Chandrakant Tripathi, G.A. Shyam Kumari .....Applicant(s) State of U.P. .....Opposite Party(s) person and were very much present till her death. 7. Learned counsel has next stated that the applicant is the mother-in-law of the deceased person aged about 70 years. There is no likelihood of her tempering with the evidence as already two witnesses of fact have been examined. 8. The applicant is languishing in jail since 21.01.2024. 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. 9. Per contra, learned AGA as well as learned counsel for the informant have vehemently opposed the bail application on the ground that the FIR is prompt and the deceased has sustained injury within the precincts of the house of the applicant and being mother-in-law of the deceased person, the applicant is not entitled for bail. 10. This Court had called for a report regarding the status of trial and in compliance thereof, a report dated 21.08.2025 has been submitted by the concerned trial court. As per the said report, two witnesses have already been examined to date and the trial is moving at its reasonable pace. 11. The Supreme Court in case of X Vs. State of Rajasthan & Anr. 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. 12. Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties and also considering the promptness of the FIR coupled by the fact that the deceased has sustained injuries within the precincts of the house of the applicant, I do not find it a fit case to release the applicant on bail. 13. The bail application is, accordingly, rejected. 14. However, it is directed that the aforesaid case pending before the trial BAIL No. 24271 of 2024 2 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. 15. 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. September 1, 2025 Sumit S BAIL No. 24271 of 2024 3 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad