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2025 DAILYLAW 93463 (ALL)

MAMTA DEVI v. STATE OF U.P.

BAIL/30860/2025 · 2025-09-09

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30860 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Mamta Devi, who is involved in Case Crime No. 195 of 2024, under Sections 80(2), 85 BNS and Section 3/4 Dowry Prohibition Act, police station Kyoladia, district Bareilly, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is father of the deceased, got an F.I.R. lodged on 13.10.2024 for the offence under Sections 85, 80 BNS and Section 3/4 Dowry Prohibition Act against Praveen Kumar, Rampal and Mamta Devi, who are husband, father- in-law and mother-in-law of the deceased, respectively, stating inter alia that marriage of his daughter was solemnized about one and half years back with Praveen Kumar. She was being harassed and tortured on account of non-fulfillment of demand of dowry of Rs. 2 lacs. Hence, she was strangulated to death on 13.10.2024. It is argued by learned counsel for the applicant that the applicant is mother-in-law of the deceased and she has been falsely implicated in this case. In fact, the deceased committed suicide by hanging herself, which is corroborated from the post mortem report. General allegation Versus Counsel for Applicant(s) : Nasira Adil Counsel for Opposite Party(s) : G.A. Mamta Devi .....Applicant(s) State of U.P. .....Opposite Party(s) of demand of dowry has been attributed against all the accused persons whereas the applicant has nothing to do with the said offence. It is also pointed out that Rampal, who is husband of the applicant and father-in-law of the deceased, has been granted bail by the coordinate Bench of this Court vide order dated 10.07.2025 passed in Criminal Misc. Bail Application No. 4480 of 2025. The applicant does not have any criminal history to her credit. Lastly, it is submitted that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 24.12.2024 and in case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does 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 cause of the death of the deceased is asphyxia as a result of ante mortem hanging. Co-accused Rampal under similar accusation has been granted bail as noted above. 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 opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Mamta Devi 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 applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. BAIL No. 30860 of 2025 2 (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. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. September 10, 2025 Shubham BAIL No. 30860 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad