Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:113738 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23360 of 2025 Applicant :- Jeenat Sultana Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Praveen Kumar Singh, learned counsel for the applicant, Sri Pradeep Kumar Kashyap, learned counsel for the informant, 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. 85 of 2025, under Sections 80(2), 85, 115(2) B.N.S. and 3/4 D.P. Act, Police Station- Baresar, District-Ghazipur, during the pendency of trial.
4. As per prosecution story, the marriage of the applicant was solemnized with the deceased person as per Muslim Rites on 19.02.2023, and subsequent to it, the applicant and other family members are stated to have subjected the victim to cruelty for demand of dowry, thereby leading her to death on 05.05.2025 at 14:30 Hours.
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 and she has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. The informant was present at the time of inquest proceedings which was conducted well before the institution of FIR, as such, it has been instituted after legal consultation. There are general and omnibus allegations against all the accused persons. The cause of death is Asphyxia as a result of ante-mortem hanging.
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 07.05.2025 and she is ready to cooperate
with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
7. Learned A.G.A. has vehemently opposed the bail application.
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 the FIR is delayed by one day and there is no explanation to the said delay cause coupled with the fact that there are general and omnibus allegations levelled against all the accused 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-Jeenat Sultana, 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 :- 15.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad