Asha Devi Vs State of U.P. Thru. Prin. Secy. Home Lko. U.P.

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Neutral Citation No. - 2025:AHC-LKO:8756

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1276 of 2025

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Applicant :- Asha Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P.

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Counsel for Applicant :- Rahul Singh Rana,Shambhu Prasad Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant, the learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0345 of 2024, under Section 85, 80(2) of BNS and 3/4 D.P. Act, P.S.-Dalmau, District Raebareli.

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It is contended by learned counsel for the applicant that the applicant is innocent and she has been falsely implicated in the present case. He submits that the applicant is a woman of 60 years of age and she is mother-in-law of the deceased and in fact, there are general allegations of demand of dowry as well as committing the offence. He added that there is no ample evidence that the applicant was involved in committing the offence and no specific role has been assigned to her. He next submits that death is due to hanging and there is no ante mortem injury, thus, this is a case of mere suicide for the reason best known to the deceased. He further submits that there is no criminal history of the applicant, which has been explained in para 28 of the bail application and the applicant is languishing in jail since 25.11.2024 and in case, the applicant is granted bail, she will not misuse the liberty and would cooperate in the trial proceedings.

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Per contra, learned A.G.A. vehemently opposed the prayer of bail and submitted that the applicant is involved in committing the aforesaid offence, as such, she is not entitled to be released on bail.

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Having heard the learned counsel for the parties and after perusal of record, it transpires that the applicant is a woman of 60 years of age and she is mother-in-law of the deceased; in fact, there are general allegations of demand of dowry as well as committing the offence; there is no ample evidence that no

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specific role has been assigned to applicant; death is due to hanging and there is no ante mortem injury, thus, this is a case of mere suicide for the reason best known to the deceased; there is no criminal history of the applicant; the applicant is languishing in jail since 25.11.2024; and he has undertaken that he will not misuse the liberty of bail if granted and would cooperate in the trial proceedings.

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Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant Asha Devi involved in the aforementioned crime be released on bail, on her furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. She shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against her, in accordance with law under Section 174-A of the Indian Penal Code.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

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Order Date :- 11.2.2025 Ram Murti

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Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench

Asha Devi v. State of U.P. Thru. Prin. Secy. Home Lko. U.P.

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Asha Devi v. State of U.P. Thru. Prin. Secy. Home Lko. U.P.

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