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2025 DAILYLAW 93054 (ALL)

RAJSHRI URF RAMWATI v. STATE OF U.P.

BAIL/30925/2025 · 2025-09-09

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30925 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 174 of 2025, under Sections 85, 80(2) of B.N.S. and Section 3/4 Dowry Prohibition Act, Police Station Khishni, District Mainpuri, during the pendency of trial. As per the prosecution case, in brief, the complainant who is father of the deceased got a first information report lodged on 22.05.2025 against Shiv Veer, Atar Singh, Amit, Anuj and Ram Shree, who are husband, father-in-law, brothers-in-law and mother-in-law (applicant) stating inter alia that marriage of his daughter was solemnized on 21.04.2024. In the marriage sufficient dowry was given, but the accused persons were not satisfied and there was consistent demand of a motorcycle, gold chain and buffalo. On account of non fulfillment of their demands his daughter was done to death on 21.05.2025. It is argued by learned counsel for the applicant that the applicant is mother-in-law of the deceased. she has been falsely implicated in this case. During investigation complicity of Amit and Anuj has been found false, hence they have not been charge-sheeted. As per post mortem report cause of death of the ceased is asphyxia due to ante- mortem hanging and except the ligature mark no other injury was found on her body. Information about the said incident was given by the nephew of the applicant to the parents of the deceased as well as to the police, on which inquest of the deceased was conducted. the applicant is languishing in jail since 11.06.2025 having no criminal antecedent. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case she is released on bail, she will not misuse the liberty of bail and will Versus Counsel for Applicant(s) : Jitendra Kumar, Purushottam Dixit Counsel for Opposite Party(s) : G.A. Rajshri Urf Ramwati .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the deceased died due to asphyxia as a result of ante-mortem hanging. 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, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed. Let the applicant-Rajshri Urf Ramwati, 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: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant 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 the court or to any police officer or tamper with the evidence. (iii) That after her release, the applicant 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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 10, 2025 Kashifa BAIL No. 30925 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad