Allowed

Geeta v. State of U.P.

Allahabad HC20 Jan 2025BAIL/1682/2025

Case brief

AI extract

What is this about?

Bail application under Section 108 BNS for abetment of suicide. Court found no cogent evidence of abetment beyond bald allegations against the lady applicant, who had no criminal history and was jailed since 21.11.2024, and allowed bail on conditions.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions regarding appearance, non-tampering with evidence, and no criminal activity.

Geeta vs State of U.P. — Dowry and Cruelty | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:9059

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1682 of 2025

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Applicant :- Geeta Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Ajay Kumar Shukla, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.429 of 2024, under Sections 108 B.N.S., Police Station Gandhi Park, District Aligarh, during pendency of the trial.

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FIR of the present case was lodged on 25.09.2024 against applicant and co-accused Kailash and according to the FIR, marriage of the daughter of the informant was solemnized with coaccused Kailash and after marriage, he also performed love marriage with the applicant and, thereafter, he along with applicant tortured his daughter and on 13.09.2024 informant received informant about the death of his daughter.

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Learned counsel for the applicant submits that totally on the basis of the false allegation, applicant has been made accused in the present matter along with husband of the deceased for offence under Section 108 B.N.S. and there is absolutely no evidence of abetment against her.

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He further submits that applicant is a married lady who is also having children and she never performed any love marriage with co-accused Kailash i.e. husband of the deceased and it appears that deceased was having suspicion that her husband is having illicit relationship with the applicant and only due to this reason, it appears, she committed suicide and after her death, applicant has also been made accused in the present matter.

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He further submits that applicant is a lady and she is not having any criminal history and in the present matter applicant is in jail

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since 21.11.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per prosecution due to the abetment of the applicant and co-accused Kailash, who was husband of the deceased, deceased committed suicide but it appears that except the bald and verbal allegation, there is no cogent evidence of abetment against the applicant.

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Further, applicant is a lady and she is not having any criminal history and in the present matter applicant is in jail since 21.11.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant - Geeta be released on bail in the aforesaid case on 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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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to

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the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 20.1.2025 S.A.

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Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad

Geeta v. State of U.P.

Case brief

What is this about?

What did the court decide?

Geeta v. State of U.P.

Case brief

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What did the court decide?

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