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2025 DAILYLAW 95383 (ALL)

SARITA DEVI v. STATE OF U.P. AND ANOTHER

BAIL/31370/2025 · 2025-09-14

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31370 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 Sarita Devi, who is involved in Case Crime No. 185 of 2025, under Sections 80(2), 85, 352, 351(3) BNS and Section 3/4 Dowry Prohibition Act, police station Ahirauli Bazar, district Kushi Nagar, seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant, who is father of the deceased Sangeeta, got an F.I.R. lodged on 26.05.2025 against Shashi Kapoor, Sangeeta Devi (applicant) and Brijesh, who are husband, sister-in-law and brother-in-law of the deceased, respectively, making allegation inter alia that marriage of his daughter was solemnized four years back with Shashi Kappor but later on, accused persons started demanding a two wheeler vehicle and Rs. 1 lac. On 20.05.2025, he received information that his daughter has died. It is argued by learned counsel for the applicant that the applicant is brother-in-law of the deceased and he has been falsely implicated in this case. The F.I.R. has been lodged after a delay of six days and there is no plausible explanation of delay in lodging the F.I.R. General Versus Counsel for Applicant(s) : Anand Kumar, Nilesh Kumar Dubey, Shashi Shekhar Maurya Counsel for Opposite Party(s) : G.A. Sarita Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and omnibus allegations have been levelled against all the accused persons whereas the deceased died by committing suicide. It is also pointed out that name of applicant Sarita Devi has been wrongly mentioned in the F.I.R. as Sangeeta Devi. It is further submitted that co-accused Brijesh, who is husband of the applicant, has been granted bail by the coordinate Bench of this Court vide order dated 20.08.2025 passed in Criminal Misc. Bail Application No. 28538 of 2025, hence the applicant, who has no criminal history to her credit and is languishing in jail since 11.08.2025, may be enlarged on bail on the ground of parity. 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 as per the post mortem report, the cause of death of the deceased is asphyxia as a result of ante mortem hanging. I also find that co-accused Brijesh, 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 Sarita 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 BAIL No. 31370 of 2025 2 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 15, 2025 Shubham BAIL No. 31370 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad