Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121665 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22952 of 2025 Applicant :- Sundari Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Harendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Harendra Yadav, learned counsel for the applicants, Shri Purshottam Maurya, learned AGA for the State, Shri A. K. Rai, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Sundari Devi and Vijai Gond @ Vijai Shankar, seeking enlargement on bail in Case Crime No. 43 of 2025, under Sections 85, 103 (1), 80 (2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of Dowry Prohibition Act, Police Station Karimuddinpur, District Ghazipur.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
19.2.2025. Learned counsel for the applicants submits that applicants are mother-in-law and father-in-law of the deceased. The deceased committed suicide along with her minor child out of her own. There is no demand of dowry or maltreatment from the side of the applicants. In the post mortem report no injury was noticed on the person of deceased and cause of death has been ascertained asphyxia due to ante mortem hanging. They have no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that deceased committed suicide within 07 years of the marriage. The applicants used to force the deceased for bringing more dowry from her parents and due to non fulfillment of their demands they used to maltreat the deceased. Having been annoyed from the acts
of the applicants, deceased committed suicide. One of the neighbrours of the applicants had informed the first informant about the suicide of deceased. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicants, Sundari Devi and Vijai Gond @ Vijai Shankar , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 24.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad