Allowed

Smt. Narayan Devi v. State of U.P.

Allahabad HC24 Jan 2025BAIL/2569/2025

Case brief

AI extract

What is this about?

Applicant sought regular bail in a dowry death and abetment of suicide case under BNS Sections 80(2), 85, 351(2) and Dowry Prohibition Act 3/4. Citing Supreme Court guidance against roping in distant relatives via omnibus allegations, the court granted bail without expressing opinion on merits.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties, subject to non-tampering and trial-attendance conditions.

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

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Neutral Citation No. - 2025:AHC:12459

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2569 of 2025

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Applicant :- Smt. Narayan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Ajay Kumar, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.231 of 2024, under Sections 80(2), 85, 351(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station- Pachokhra, District- Firozabad, during the pendency of trial.

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As per prosecution story, the marriage of son of the applicant was solemnized with the deceased person as per Hindu Rites on 14.2.2024. The victim at the time of her death was living in her maternal house and the applicant and other family members are stated to have levelled certain allegations of bringing down the character of the deceased person and had also demanded Rs.2 lakh as dowry, thereby drawing her to commit suicide on 29.11.2024 at about 11:40 a.m.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is the mother-in-law of the deceased person and she has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. The deceased had expired within the precincts of her maternal house. The allegations of demand of dowry and even bringing down the character of the deceased person are false. The cause of death has been found to be asphyxia as a result of antemortem hanging.

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Several other submissions have been made on behalf of the

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applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.12.2024 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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The Supreme Court in Kahkashan Kausar @ Sonam vs The State of Bihar, reported in 2022 (6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.

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In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. The bail application is allowed .

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Let the applicant- Smt. Narayan Devi , who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(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)

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recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 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.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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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 based on the testimony of the witnesses.

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Order Date :- 24.1.2025 Vikas

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(Justice Krishan Pahal)

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

Smt. Narayan Devi v. State of U.P.

Case brief

What is this about?

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Smt. Narayan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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