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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32057 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 139 of 2025, under Sections 85, 80(2) B.N.S. and Section 3/4 Dowry Prohibition Act, Police Station Musajhag, District Budaun, during the pendency of trial. As per the prosecution case, in brief, complainant-Ram Nath, who is father of deceased Rajni got a first information report lodged on 18.06.2025 against Shivnesh, Somwati and Omsharan, who are husband, mother-in-law and father-in-law of the deceased respectively stating inter alia that marriage of his daughter was solemnized about one year back with Shivnesh, but after few days of marriage, his daughter was being harassed by her in-laws and they were demanding a bullet motorcycle and Rs. 2,00,000/-. On 17.06.2025 Omsharan told him that his daughter was not well, on that information when he reached there he found that dead body of his daughter was lying in courtyard. In the F.I.R. it has been specifically stated that he believes that his daughter has been done to death on non fulfilment of demand of dowry. It is argued by Mr. Mohit Sharan Tomar, 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 allegation of demand of dowry has been levelled against the accused persons. No specific role has been attributed to the applicant. The information about the said unfortunate incident was immediately given by the husband of the applicant to the parents of the deceased, who Versus Counsel for Applicant(s) : Mohit Sharan Tomar Counsel for Opposite Party(s) : G.A. Somwati .....Applicant(s) State of U.P. .....Opposite Party(s)
committed suicide, hence the applicant who is languishing in jail since 05.07.2025 having no criminal antecedent may be enlarged on bail. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant but could 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 post mortem report cause of death of the deceased is asphyxia as a result of ante-mortem hanging and except the ligature mark no other injury has been found on the body of the deceased. Considering the overall 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 view that prima facie, the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant-Somwati, 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: (i) That the applicant shall cooperate with 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. BAIL No. 32057 of 2025 2
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant.
It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. September 18, 2025 Kashifa BAIL No. 32057 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- KASHIFA High Court of Judicature at Allahabad