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Neutral Citation No. - 2025:AHC:24269 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34436 of 2024 Applicant :- Vimla Devi Opposite Party :- State of U.P. Counsel for Applicant :- Tiwari Abhishek Rajesh Counsel for Opposite Party :- G.A.,Rajneesh Kumar Hon'ble Sameer Jain,J.
1. None appeared on behalf of the informant even in revised call.
2. Heard Sri Tiwari Abhishek Rajesh, learned counsel for the applicant and Sri Ajeet Madhesiya, learned Brief Holder for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No.71 of 2024, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, Police Station- Mohabbatpur Painsa, District- Kaushambi, during pendency of the trial in the court below.
4. Learned counsel for the applicant submits that applicant is mother-in-law of the deceased and on the basis of false allegations of demand of dowry and torture, she has been made accused in the present matter alongwith her family members including her husband i.e. father-in-law of the deceased and her son i.e. husband of the deceased.
5. He further submits after considering entire facts of the case, father-in-law of the deceased Narendra Kumar Pandey has been released on bail by this Court vide order dated 21.11.2024 passed in Criminal Misc. Bail Application No.42695 of 2025 and on facts case of applicant is at par with him.
6. He further submitted that there is no specific allegation against the applicant and applicant is a lady and she is not having any criminal history and in the present matter, she is in jail since 27.05.2024 i.e. for last almost nine months.
7. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned
counsel for the applicant.
8. I have heard both the parties and perused the record of the case.
9. Considering the argument advanced by learned counsel for the applicant and the fact that applicant is mother-in-law of the deceased and father-in-law of the deceased has already been released on bail by this Court vide order dated 21.11.2024 and on
facts, case of applicant is at par with him and there is no specific allegation against the applicant and applicant is a lady and she is not having any criminal history and in the present matter, he is in jail since 27.05.2024 i.e. for last almost nine months, in my view applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
11. Let the applicant- Vimla Devi be released on bail in the aforesaid case 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) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity.
12. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 19.2.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad