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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31497 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-On the matter being taken up, Mr. Vipin Kumar and Mr. Jai Kishan, learned Advocate have filed vakalatnama on behalf of the informant/complainant, which is taken on record. 2-Heard learned counsel for the applicant, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of the first informant / complainant and perused the record. 3-The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 49 of 2025, under Sections 80(2), 85 B.N.S. and Sections 3/4 D.P. Act, Police Station-Nidhauli Kalan, District-Etah during the pendency of trial. 4-As per the prosecution case in brief, complainant who is brother of the deceased-Sarika got a first information report lodged on 18.03.2025 against Surjeet @ Titu, Dinesh Chandra, Aneeta, Pooja Devi (applicant) and Harkesh, who are husband, father-in-law, mother-in-law, married sister-in-law and cousin brother-in-law of the deceased respectively stating inter-alia that the marriage of his sister was solemnized on 24.04.2019 with Surjeet @ Titu but after the said marriage, there was consistent demand of additional dowry (Rs.1,00,000/- and one gold chain) and on non-fulfillment of their additional demand, his sister was being tortured and harassed. On 17.03.2025, his daughter was done to death in her matrimonial home. 5-It is argued by learned counsel for the applicant that the applicant is a married sister-in-law (nanad) of the deceased and has been falsely implicated in this case. Much emphasis has been given by contending that the deceased died on 17.03.2025, whereas, the applicant was already married about 10 years back with Devendra and since then, she had been living in her matrimonial home situated in village Madanpur, Police Station Nidhauli Kalan, District Etah. She had no concern with the matrimonial affair of the deceased with her Versus Counsel for Applicant(s) : Niklank Kumar Jain Counsel for Opposite Party(s) : G.A. Pooja Devi .....Applicant(s) State of U.P. .....Opposite Party(s)
husband Surjeet @ Titu. It is next submitted that the viscera of the deceased was preserved but the report is still awaited.
Lastly, it is argued that there is no specific role against the present applicant and her case is distinguishable from the case of husband of the deceased, hence, the applicant who has no criminal history to her credit and is languishing in jail since 05.05.2025 may be enlarged on bail. 6-Per contra, learned A.G.A. for the State as well as learned counsel for the complainant opposed the prayer for bail of the applicant by contending that all the accused persons were involved in demanding dowry, hence, the applicant cannot be said to be an innocent. 7-Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the post-mortem report of the deceased, cause of death of the deceased is cardio respiratory arrest. 8-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. 9-Let the applicant-Pooja 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. (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 his 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.
10-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. September 15, 2025 Saurabh
BAIL No. 31497 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad