KRIPA SHANKAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/6680/2025 · 2025-08-19
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87018 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87018 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142051 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6680 of 2025 Applicant :- Kripa Shankar And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Dutta Pandey,Siddhartha Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 245 of 2024, under Sections 80(2), 85 BNS and Section 3/4 of Dowry Prohibition Act, Police Station Aurai, District Bhadohi. 3. Counsel for the applicants contends that the applicant no. 1 is the brother-in-law (Jeth) and applicant no.2 is the mother-in-law of the deceased. The deceased died at her parental house. During the pendency of the investigation against the applicants, the husband of the deceased namely Virendra Bind was charge-sheeted. Charges were framed against him and trial commenced against him. Thereafter, the husband of the deceased was acquitted by the trial court vide order dated 24.06.2025 passed in Sessions Trial No. 21 of 2025 (State of U.P. Vs. Virendra Bind) under Sections 80(2), 85 BNS and Section 3/4 D.P.Act. The case of the applicants are on better footing than that of co-accused Virendra Bind. Investigation has been completed. Charge sheet has been submitted. During the pendency of investigation, the applicants were granted anticipatory bail, till submission of police report, by this Court vide orders dated 31.01.2025 and 07.02.2025 passed in Criminal Misc. Anticipatory Bail Application No. 390 of 2025 and 495 of 2025 respectively. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the deceased died at her parental house; during the pendency of the investigation, the husband of the deceased namely Virendra Bind was charge-sheeted; charges were framed against
him and trial commenced against him; thereafter, the husband of the deceased was acquitted by the trial court under Sections 80(2), 85 BNS and Section 3/4 D.P.Act; the case of the applicants are on better footing than that of co-accused Virendra Bind; investigation has been completed; charge sheet has been submitted; during the pendency of investigation, the applicants were granted anticipatory bail, till submission of police report; the applicants had co-operated in the investigation; no custodial interrogation is required and without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicants Kripa Shankar and Kewala @ Kewali Devi, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of.
Order Date :- 20.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad