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

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

What the court decided

AI extract

Outcome

Bail granted to applicant Smt. Shakuntala on the ground of parity; she is to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, sureties to be verified before the release order, subject to conditions: (i) not to tamper with evidence during trial; (ii) not to pressurize/intimidate prosecution witnesses; (iii) to appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, arraigned in Case Crime No.132 of 2025 under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act (Police Station Ajnar, District Mahoba), is entitled to be enlarged on bail during the pendency of trial on the ground of parity with co-accused Ramratan, who has already been granted bail.

Court's answer

Without expressing any opinion on the merits, the applicant has made out a case for grant of bail on the ground of parity with the co-accused; the bail application is allowed on that ground.

Key takeaways

Observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.; order dated 20.8.2025) allowed the bail application of Smt. Shakuntala in Case Crime No.132 of 2025 (Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Ajnar, District Mahoba), granting bail solely on the ground of parity with co-accused Ramratan, who had already been enlarged on bail by the Court vide order dated 7.8.2025 in Criminal Misc. Bail Application No.25973 of 2025 — a factual aspect not disputed by the State. The applicant, in custody since 19.06.2025 and with no criminal history, was directed to be released on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court on dates fixed), breach being a ground for cancellation. Reliance was placed on Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi vs. The Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. CBI, 2022 SCC OnLine SC 825. No opinion was expressed on the merits, and the observations were made expressly not to affect the trial Judge's independent assessment. [Neutral Citation: 2025:AHC:142099]

Neutral Citation No. - 2025:AHC:142099

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27753 of 2025

Applicant :- Smt. Shakuntala Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A.

Hon'ble Krishan Pahal,J.

List has been revised.

Heard Ms. Priyanka Devi, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.132 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Ajnar, District Mahoba, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Ramratan has already been enlarged on bail by this Court vide order dated 7.8.2025 passed in Criminal Misc. Bail Application No.25973 of 2025. There is no criminal history of the applicant. The applicant is languishing in jail since 19.06.2025. 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. In case, the applicant is released on bail, she will not misuse the liberty of bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigationa and Another, 2022 SCC OnLine SC 825 , and

without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. The bail application is allowed on the ground of parity.

Let the applicant- Smt. Shakuntala , 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.

(i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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

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.

Order Date :- 20.8.2025 (Ravi Kant)

(Justice Krishan Pahal)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad