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2025 DAILYLAW 93661 (ALL)

BHAGWAN DEVI v. STATE OF U.P.

BAIL/31276/2025 · 2025-09-11

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31276 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 Bhagwan Devi, who is involved in Case Crime No. 0142 of 2025, under Sections 85, 80(2) BNS and Section 3/4 Dowry Prohibition Act, police station Ujhani, district Budaun, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is father of the deceased Tararani, got an F.I.R. lodged on 08.04.2025 against Sachin, Khubeshwar, Bhagwani Devi (applicant), Mohit, Baby Verma, who are husabnd, father-in-law, mother-in-law, brother-in-law and sister-in-law of the deceased stating inter alia that marriage of her daughter was solemnized on 15.07.2024 with Sachin but they were not satisfied with the dowry given in the marriage and later on, there was a demand of Rs. 4 lacs from their side. On 08.04.2025 at about 06:00 A.M., he received information that his daughter has died. 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. General role of demand of dowry has been attributed to all the accused persons. No specific role has been attributed to the applicant. It is next submitted that there is no injury on the body of the Versus Counsel for Applicant(s) : Gaurav Sisodia Counsel for Opposite Party(s) : G.A. Bhagwan Devi .....Applicant(s) State of U.P. .....Opposite Party(s) deceased and in the post mortem report, cause of death of the deceased was not ascertained, therefore, viscera was preserved. It is not a case of dowry death but a case of natural death. It is also pointed out that co-accused Khubeshwar, who is father-in-law of the deceased and husband of the applicant, has been granted bail vide order dated 01.08.2025 passed in Criminal Misc. Bail Application No. 26441 of 2025, hence the applicant is also entitled to be released on bail. 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 17.05.2025 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 in the viscera report of the deceased, no poison has been found. I also find that co-accused Khubeshwar 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 Bhagwan 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. 31276 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 12, 2025 Shubham BAIL No. 31276 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad