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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30999 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicants and learned Additional Government Advocate for the State of U.P. and perused the record. 2-The instant bail application has been filed on behalf of the applicants namely Kundan and Smt. Omwati with a prayer to release them on bail in Case Crime No. 073 of 2025, under Sections 85, 80(2) B.N.S. and Sections 3/4 D.P. Act, Police Station-Milak Khanam, District-Rampur during the pendency of trial. 3-As per the prosecution case in brief, complainant who is father of the deceased lodged an F.I.R. on 16.07.2025 for the offence under Sections 85, 80(2) B.N.S. and Sections 3/4 Dowry Prohibition Act against Harishankar, Kundan, Smt. Omwati, Indrajeet and Smt. Suman who are husband, father-in-law, mother-in-law, brother-in-law (jeth) and sister-in-law (jethani) making allegation inter-alia that the marriage of his daughter was solemnized on 02.05.2023 with Hari Shankar but on account of non-fulfilment of their additional demand of rupees four lac, his daughter was being harassed and tortured in the matrimonial home. F.I.R. also alleges that the deceased's husband has an illicit relation with his bhabhi. On 15.07.2025 at about 11:45 pm, husband of the deceased gave an information to the father of the deceased that his daughter has died due to electric shock. 4-It is argued by learned counsel for the applicants that the applicants are father-in-law and mother-in-law of the deceased and they have been falsely implicated in the present case. It is next submitted that general allegation of demand of dowry has been levelled against all Versus Counsel for Applicant(s) : Brijesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Kundan And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
the accused persons. As per post-mortem report of the deceased, deceased died due to electric shock. It is further submitted that there was no demand of dowry as alleged by the prosecution. The information about the said incident was immediately given to the complainant by the husband of the deceased. Lastly it is submitted that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants have no criminal history to their credit are languishing in jail since 28.06.2025.
In case the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicants but does not dispute the above factual aspect of the matter as argued on behalf of the applicants. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that the submission of learned counsel for the applicants that the deceased died to to electric shock is prima- facie corroborates from the injuries noted in the post-mortem report of the deceased. 7-Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed. 8-Let the applicants-Kundan and Smt. Omwati, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicants shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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 him from disclosing such facts to BAIL No. 30999 of 2025 2
the court or to any police officer or tamper with the evidence. (iii) That after their release, the applicants shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.
9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 10, 2025 Saurabh BAIL No. 30999 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad