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2025 DAILYLAW 85705 (ALL)

SMT NANHI ALIAS KAMLESH v. STATE OF U.P.

BAIL/29567/2024 · 2025-07-09

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110047 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29567 of 2024 Applicant :- Smt Nanhi Alias Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Madan Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 155 of 2022, under Sections 498A, 304B, 316 IPC and Section 3/4 of D.P. Act, Police Station Chhajlet, District Moradabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about six hours and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the applicant is the mother- in-law of the deceased person. There are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 23.09.2022 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. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that there are general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Smt Nanhi Alias Kamlesh, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with 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 :- 10.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad