Allowed

Smt Pusplata v. State of U.P.

Allahabad HC7 Jul 2025BAIL/20753/2025

Case brief

AI extract

What is this about?

Bail application by the mother-in-law of the deceased in a dowry death case under the BNS and Dowry Prohibition Act. Bail was allowed on the ground of parity with a co-accused father-in-law already released, subject to conditions including non-tampering and trial court attendance.

What did the court decide?

Applicant Smt Pusplata to be released on bail on furnishing personal bond and two sureties, subject to conditions including not tampering with evidence and remaining present at key trial stages.

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

¶1

Neutral Citation No. - 2025:AHC:105925

¶2

Court No. - 65

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20753 of 2025

¶4

Applicant :- Smt Pusplata Opposite Party :- State of U.P. Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.

¶5

Hon'ble Krishan Pahal,J.

¶6

List has been revised.

¶7

Heard Sri Azad Khan, learned counsel for the applicant as well as Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the record.

¶8

Applicant seeks bail in Case Crime No.39 of 2025, under Sections 80(2), 85, 115(2) B.N.S. and 3/4 D.P. Act, Police StationCivil Line, District- Muzaffarnagar, during the pendency of trial.

¶9

It is submitted by learned counsel for the applicant that similarly placed co-accused person Ganga Ram, father-in-law of the deceased person, has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 9.5.2025 passed in Criminal Misc. Bail Application No.11190 of 2025. The applicant, who happens to be mother-in-law of the deceased person, is languishing in jail since 14.2.2025, having no criminal history to her credit. He further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, she is also entitled to be enlarged on bail on the ground of parity.

¶10

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have not been disputed by him.

¶11

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Supreme Court passed in the case of Paras Ram Vishnoi vs. The

¶12

Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 coupled with the judgment of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail on the ground of parity. The bail application is allowed on the ground of parity.

¶13

Let the applicant- Smt Pusplata involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶14

(i) The applicant shall not tamper with evidence.

¶15

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

¶16

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶18

It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

¶19

Order Date :- 7.7.2025 Vikas

¶20

(Justice Krishan Pahal)

¶21

Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Smt Pusplata v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Pusplata v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gopal vs State of U.P. and 3 Others

Lavkush Kumar vs State of U.P. and 3 Others

Sachin vs State of U.P. and Another

Faizan vs State of U.P.

Alok Gupta vs State of U.P. and 3 Others

Babu Ram vs State of U.P.