Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28909 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Arvind Singh Sengar, learned counsel for the applicants, Sri Vindhyanchal Singh, Advocate holding brief of Sri Tarak Nath Singh,
learned counsel for the informant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record.
3. Applicants seek bail in Case Crime No.0135 of 2025, under Sections 80(2), 85 B.N.S. and 3/4 D.P. Act, Police Station Maniar, District Ballia, during the pendency of trial.
4. Learned counsel for the applicants has stated that the applicants are the sisters-in-law (Nanad) of the deceased person and have been falsely implicated in the present case. They have nothing to do with the said offence as they live separately to the husband wife duo. There are general and omnibus allegations against all the accused persons including the applicants.
5. Learned counsel for the applicants has further stated that the cause of death is asphyxia as a result of ante-mortem hanging. There is no criminal history of the applicants. The applicants are languishing in jail since 20.06.2025 and they are ready to cooperate with trial. In case, the applicants are released on bail, they will not misuse the liberty of bail.
6. Learned counsel for the informant and learned A.G.A. have vehemently Versus Counsel for Applicant(s) : Arvind Singh Sengar Counsel for Opposite Party(s) : Balendra Deo Misra, G.A., Ram Ji Singh, Ram Rasik Tiwari, Tarak Nath Singh Reena Devi And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
opposed the bail application on the ground that all the ladies used to live in one and the same house, as such, the applicants are not entitled for bail.
7. 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.
8. 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 the applicants are the sisters-in-law (Nanad) of the deceased person and they live separately to the husband wife duo, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
9. Let the applicants- Reena Devi and Puja Devi, who is involved in aforementioned case crime be released on bail on 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 applicants shall not tamper with evidence during trial. (ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicants 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 applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 9, 2025 (Ravi Kant) BAIL No. 28909 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad