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2025 DAILYLAW 76752 (ALL)

CHANDA ALIAS BINDA DEVI v. STATE OF U.P.

BAIL/25163/2025 · 2025-10-05

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25163 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard, learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the complainant. 2-By means of this bail application, applicant-Chanda @ Binda Devi, who is involved in Case Crime No. 211 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station Zamania, District Ghazipur seeks enlargement on bail during the pendency of trial. 3- Facts in brief are that complainant, who is mother of deceased got a first information report lodged on 30.05.2025 against six accused persons, namely, Alok Samart, Jayprakash Ram, Chanda Devi, Satish, Deepak and Sangeeta, who are husband, father-in-law, mother-in-law (applicant), brothers-in-laws and sister-in-law of the deceased respectively, making allegation inter-alia that marriage of the deceased Pratima was solemnized with Alok Samart in the year 2024. In the marriage, sufficient dowry was given but there was additional demand of dowry from the side of the accused persons and on account of non fulfillment of such demand, deceased was being harassed in her matrimonial home. On 30.05.2025 at about 10 O' Clock she received an information from Alok Samart-husband that her daughter has died. 4. The main substratum of argument of learned counsel for the applicant is Versus Counsel for Applicant(s) : Indrajeet Kumar Shukla, Kaushal Mishra, Nitesh Kumar Singh, Rabindra Tiwari Counsel for Opposite Party(s) : Aijaz Ahmad Khan, G.A. Chanda Alias Binda Devi .....Applicant(s) State of U.P. .....Opposite Party(s) that co-accused Jayprakash Ram, who is father-in-law of the deceased, has been granted bail co-ordinate Bench of this Court vide order dated 09.07.2025 in Criminal Misc. Bail Application No. 22711 of 2025, therefore, the applicant, who is mother-in-law of the deceased, is also entitled to be released on bail on the ground of parity of bail order dated 09.07.2025 of co- accused Jayprakash Ram. It is also submitted that applicant is languishing in jail since 01.07.2025 having no criminal history to her credit in case she is released on bail, she will cooperate in the trial and she will not misuse the liberty of bail. 5-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that co-accused Jayprakash Ram, who is father-in-law of the deceased, under similar accusation, has been granted bail, as noted above, therefore, the applicant has made out a prima-facie case for bail on the ground of parity. 7-Accordingly, the instant bail application is allowed. 8-Let the applicant-Chanda Alias Binda Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant will cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (iii) That after her release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. 9-In case of breach of any of the conditions mentioned above, court BAIL No. 25163 of 2025 2 concerned will be at liberty to cancel the bail of the applicant. October 6, 2025/T.S. BAIL No. 25163 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad