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Neutral Citation No. - 2025:AHC:143216 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29814 of 2024 Applicant :- Ramdeyi Opposite Party :- State of U.P. Counsel for Applicant :- Jay Prakash Pandey,Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Counter affidavit filed today is taken on record.
3. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.155 of 2024, under Sections 304B, 498A I.P.C. and 3/4 D.P. Act, Police Station- Binawar, District-Budaun, during the pendency of trial.
5. As per prosecution story, the marriage of the son of the applicant was solemnized with the deceased person as per Hindu Rites on 11.05.2023. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry of a Bullet Motorcycle, thereby led her to death on
22.04.2024.
6. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. Applicant is the mother-in-law of the deceased person and she has nothing to do with the said offence. Applicant herself is a widow and lives separate with his daughter at Baddi, District-Solan, Himachal Pradesh. There are general and omnibus allegations against all the accused persons.
7. Learned counsel for the applicant has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 24.04.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
8. Learned A.G.A. has vehemently opposed the bail application.
9. The Supreme Court in the judgment of Kahkashan Kausar @ Sonam vs. The State of Bihar, (2022) 6 SCC 599 has categorically opined that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.
10. Considering the facts and circumstances of the case,
submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there are general and omnibus allegations against all the accused persons and in view of the judgment passed by Supreme Court in case of Kahkashan Kausar (supra), 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.
11. Let the applicant- Ramdeyi, 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 pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.
12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
13. 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 :- 20.8.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad