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2025 DAILYLAW 7119 (ALL)

SHIVRANI v. STATE OF U.P.

BAIL/3956/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88617 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3956 of 2025 Applicant :- Shivrani Opposite Party :- State of U.P. Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Counter affidavit filed by State is taken on record. 2. Heard Sri Ram Jatan Yadav, learned counsel for the applicant and Sri Pradeep Kumar, learned AGA for the State-respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 220 of 2024, under Section 108 BNS, Police Station- Palimukeempur, District- Aligarh, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and as per allegation, deceased, who was her son-in-law, due to abatement of the applicant and her family members including her daughter committed suicide but entire allegation levelled against the applicant is totally false. 5. He further submitted that however, from the record, it reflects, before his death, deceased uploaded a video on Facebook and in the video, he blamed the applicant, his wife and others for his suicide but even from the video, it could not be reflected that due to abatement of the applicant, he committed suicide. 6. He further submitted that actually matrimonial relationship between deceased and his wife i.e. daughter of the applicant was not cordial and in this regard daughter of the applicant also filed maintenance case against the deceased and it appears, only due to matrimonial dispute, he committed suicide and only being mother of his wife, applicant has also been roped in the present matter. 7. He further submitted that applicant is lady and she is not having any criminal history and she is in jail in the present matter since 09.10.2024 i.e. for last more than six months. 8. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, applicant is mother-in-law of the deceased and as per allegation, she along with her daughter and other family members used to torture her son-in-law due to which he committed suicide and there is also video of the deceased on record, in which, he also made her responsible for his death but from the record, it reflects, in the alleged video, deceased stated that his mother-in-law i.e. applicant, his wife and three others are responsible for his suicide but even after considering the video of the deceased, it cannot be said that due to abatement of the applicant, he committed suicide. 11. Further, matrimonial dispute between deceased and his wife i.e. daughter of the applicant was pending and in this regard a matrimonial case was also pending. Considering this fact, the argument advanced by learned counsel for the applicant with regard to alleged suicide committed by the deceased cannot be completely ruled out at this stage. 12. Further, applicant is lady and she is not having any criminal history and she is in jail in the present matter since 09.10.2024 i.e. for last more than six months. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Shivrani be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. 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. Order Date :- 23.5.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad