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2025 DAILYLAW 98639 (ALL)

SHOBHA DEVI v. STATE OF U.P.

BAIL/32302/2025 · 2025-09-18

Sanjay Kumar Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32302 of 2025 Court No. - 65 HON'BLE SANJAY KUMAR SINGH, J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant bail application has been filed on behalf of the applicant with a prayer to release her on bail in Case Crime No. 396 of 2025, under Sections 80(2), 85 B.N.S. and Sections 3/4 Dowry Prohibition Act, Police Station-Kotwali Padrauna, District-Kushinagar during the pendency of trial. 3-As per the prosecution case in brief, complainant-Babunti Devi, who is mother of the deceased, got a first information report lodged on 18.07.2025 against Naveen Soni, Ashok Soni and mother of Naveen Soni, who are husband, father-in-law and mother-in-law of the deceased stating inter-alia that marriage of her daughter was solemnized on 28.05.2025 with Naveen Soni. In the said marriage, sufficient dowry was given but her in-laws were not satisfied with the said dowry and there was consistent demand of Rs. 3,00,000/- and a car. F.I.R. also alleges that on 18.07.2025, her son-in-law gave an information that her daughter has committed suicide by hanging herself. 4-It is argued by learned counsel for the applicant that the applicant is mother-in-law of the deceased and has been falsely implicated in this case. It is next submitted that general allegation of demand of dowry Versus Counsel for Applicant(s) : Anand Pal Singh, Harish Chandra Singh Counsel for Opposite Party(s) : G.A. Shobha Devi .....Applicant(s) State of U.P. .....Opposite Party(s) and harassment has been levelled against the accused persons. In order to show the bona-fide conduct of the accused persons, it is next pointed out that information about the said incident was given by the son of the present applicant to the complainant and as per post- mortem report, cause of death of the deceased is asphyxia as a result of ante-mortem hanging. It is also submitted that after the said incident, effort was made from the side of the applicant to save the life of the deceased, who was immediately taken to the hospital by her husband but she could not survive. Co-accused Ashok Soni, who is father-in-law of the deceased, has been granted bail by the coordinate Bench of this Court vide order dated 10.09.2025 passed in Criminal Misc. Bail Application No. 30783 of 2025. Lastly, it is submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history to her credit and is languishing in jail since 19.07.2025. In case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the early disposal of the case. 5-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. 6-Having heard learned counsel for the parties and examined the matter in its entirety, I find that it is not in dispute that the cause of death of the deceased is asphyxia as a result of ante-mortem hanging. I also find that co-accused Ashok Soni, who is father-in-law of the deceased, has been granted bail as noted above. 7-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. 8-Let the applicant-Shobha 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 BAIL No. 32302 of 2025 2 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. 9-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 19, 2025 Shubham BAIL No. 32302 of 2025 3 (Sanjay Kumar Singh,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad