Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31515 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. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 464 of 2024, under Sections 85, 80(2), 115(2) B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station-Hafizganj, District-Bareilly during the pendency of trial. As per the prosecution case, complainant has lodged an F.I.R. on 12.10.2024 against Avnesh, Kalyan Singh, Sundar and Krishna Devi who are husband, fahter-in-law, brother-in-law and mother-in-law of the deceased respectively with regard to alleged torture and harassment of her daughter in her matrimonial home, due to which she died. It is submitted 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. It is next pointed out that before the trial court, informant and one witness, namely, Nanhu Lal and Chhatrapal @ Omkar have been examined as PW-1 and PW-2 but they have not supported the prosecution case, hence, at the request of prosecution, they have been declared hostile. It is also pointed out that co-accused Avnesh, who is husband of the deceased has been granted bail by the co- ordinate Bench of this Court vide order dated 02.07.2025 in Criminal Misc. Bail Application No. 22789 of 2025. Lastly, it is submitted that now there is a bleak chance of conviction of the applicant, who has no criminal antecedent and is languishing in jail since 02.07.2025, hence, he may be enlarged on bail. 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 Versus Counsel for Applicant(s) : Jalaj Kumar Tripathi Counsel for Opposite Party(s) : G.A. Krishna Devi .....Applicant(s) State of U.P. .....Opposite Party(s)
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 light of statement of PW-1 and PW-2 recorded before the trial court as well as considering the fact that co-accused Avnesh, who is husband of the deceased has been granted bail as noted above, the applicant has made out a case for bail. Accordingly, the bail application is hereby allowed. Let the applicant-Krishna 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 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 before the release of the applicant on bail. 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. 31515 of 2025 2 (Sanjay Kumar Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad