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2025 DAILYLAW 79513 (ALL)

KASHMIRA DEVI v. STATE OF U.P.

BAIL/25937/2025 · 2025-09-24

Samit Gopal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25937 of 2025 Court No. - 64 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Saif Ali learned counsel for the applicant, Sri Ram Prakash Shukla, learned counsel for the State and perused the material on record. 3. This bail application under Section 483 of BNSS has been filed by the applicant-Kashmira Devi, seeking enlargement on bail during trial in connection with Case Crime No.515 of 2024, u/s 103(1), 238 B.N.S., Police Station Jalesar, District Etah. 4. The FIR of the matter was lodged on 26.11.2024 by Balveer Singh against the applicant and ten other persons alleging therein that his daughter Arti Kumari was married in lock-down with Shailendra Kumar. On 26.11.2024 he received an information on phone that his daughter has been murdered on which he reached there and found that his daughter has been cremated. He found ashes of his daughter at the said place. He gave information about it to the police. When he reached at the house, did not find any accused present there. The accused persons after cremating his daughter have absconded. A report be lodged and action be taken. 5. Learned counsel for the applicant argued that the applicant is the mother- in-law of the deceased and has been falsely implicated in the present case. It is further argued that the deceased suffered heart attack and died regarding which information was immediately given to the informant and on the consent of the informant, her cremation was done, para 13 of the affidavit in Versus Counsel for Applicant(s) : Saif Ali Counsel for Opposite Party(s) : G.A. Kashmira Devi .....Applicant(s) State of U.P. .....Opposite Party(s) support of bail application has been placed before the Court. It is further argued that after cremation of the deceased, the informant came in the influence of some other persons and lodged the present FIR falsely implicating the applicant and her family members. It is further argued that charge sheet in the matter has been submitted, para 9 and 10 of the affidavit in support of bail application have been placed before the Court. It has also been pointed out that the applicant is not having any criminal history as stated in para 24 of the affidavit and is in jail since 4.12.2024. 6. Per contra learned counsel for the State vehemently opposed the prayer for bail. 7. After hearing the counsel for the parties and perusing the record, it is evident that Arti Kumari, the daughter-in-law of the applicant died in her matrimonial house. No information regarding death of the deceased was given by the applicant or her family members to any of the authorities. The deceased was cremated by the accused persons. The ashes after cremation were recovered by the police. The cause of death of the deceased thus could not be ascertained. The applicant is named in the FIR and there are allegations against her. 8. Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected. September 25, 2025 Gaurav Kuls BAIL No. 25937 of 2025 2 (Samit Gopal,J.) Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad