Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30921 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 Smt. Rajesh, who is involved in Case Crime No. 183 of 2025, under Sections 80(2), 85 BNS and Section 3/4 Dowry Prohibition Act, police station Chhaprauli, district Baghpat, seeks enlargement on bail during the pendency of trial. As per prosecution case in brief, the complainant, who is brother of the deceased, got an F.I.R. lodged on 17.07.2025 against Kundan, Deepak, Vishal, Kishan Kumar and the applicant-Smt. Rajesh, who are husband, brothers-in-law, father-in-law and mother-in-law of the deceased, respectively, making allegation inter alia that the deceased has committed suicide in his house by consuming poisonous substance on account of harassment and abetment of accused persons. 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. Much emphasis has been given by contending that as per F.I.R. version, deceased committed suicide in her paternal house. According to the post mortem report, cause of death of the deceased could not be ascertained. It is also pointed out that co-accused Kishan Kumar, who is father-in-law of the deceased, has been granted bail by the coordinate Bench of this Court vide order dated 03.05.2025 passed in Criminal Misc. Bail Application No. 30233 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 17.07.2025 and in case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate with the trial. Versus Counsel for Applicant(s) : Birendra Singh Khokher Counsel for Opposite Party(s) : G.A. Smt. Rajesh .....Applicant(s) State of U.P. .....Opposite Party(s)
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that a suicide note of the deceased was also recovered, in which general allegation of harassment and demand of dowry has been levelled against the accused persons. Hence, bail application of the applicant is liable to be rejected.
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 has committed suicide in her parental home and no specific role has been attributed to the applicant. 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 Smt. Rajesh 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. (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. It is made clear that parity of this order shall not be extended to co- accused Kundan, who is husband of the deceased. September 10, 2025 Shubham BAIL No. 30921 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad