Shyamvati Alias Pate Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36406 of 2025

Shyamvati Alias Pate

.....Applicant(s)

	Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s) : Counsel for Opposite Party(s):	Prem Chandra Kumar Dwivedi G.A.	Dwivedi, Vivek
Court No.- 66

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HON'BLE SAMIT GOPAL, J.

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List revised.

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Heard Sri Prem Chandra Dwivedi, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Shyamvati Alias Pate , seeking enlargement on bail during trial in connection with Case Crime No. 184 of 2024, under Section 80(2), 85, 238, 91 B.N.S. & Section 3/4 Dowry Prohibition Act, Police Station Kheragarh, District Agra.

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The first information report of the present matter was lodged on 14.10.2024 by Guddu against the applicant and 06 other persons alleging therein that his sister Gudiya was married around six years ago to the applicant and after marriage the accused persons used to trouble her for dowry. On 11.10.2024 he received an information that his sister has committed suicide by hanging herself. He called his sister on phone but the phone was not answered and then he reached her house where he came to know that her in-laws have taken her body to the cremation ground for cremation. Her in-laws did not give any information to him. When he reached the cremation ground he found her body to be burnt. His sister Gudiya was pregnant and was carrying pregnancy of about 08 months. The accused persons have murdered her. A report be lodged and action

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BAIL No. 36406 of 2025

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2

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be taken.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the applicant is the mother-in-law of the deceased. While placing paragraph 13 of the affidavit it is submitted that the informant has given an application before the Commissioner of Police, Agra along with affidavit of his father and other villagers given to the Investigating Officer stating therein that his sister used to live happily at her matrimonial house and she was mentally sick and was having a cranky nature. She was consoled many times but she did not change her temperament. On 11.10.2024 she committed suicide. It is submitted that co-accused Bahadur Singh the father-in-law of the deceased has been granted bail by a co-ordinate Bench of this Court vide order dated 09.09.2025 passed in Criminal Misc. Bail Application No. 30668 of 2025, the copy of the said order has been produced before the Court which is taken on record. It is submitted that the applicant is aged about 65 years as stated in para 9 of the affidavit. The applicant is a lady and is entitled to the benefit of Section 480 B.NS.S. The applicant has no criminal history as stated in para 24 and is in jail since 09.07.2025.

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Per contra, learned counsel for the State vehemently opposed the prayer for bail and submitted that the applicant is named in the first information report along with other accused persons and there are allegations against her. It is submitted that in so far as the deceased is concerned, she was murdered in her matrimonial house and the dead body was cremated. After the first information report the police collected the remains from the cremation ground which was sent for postmortem examination wherein the doctor could not appreciate any aspect of it and could not determine the cause of death since the body ashes and remnants of burnt bones were only recovered. It is submitted that the death of the deceased is unnatural in her matrimonial house. It is submitted that in so far as co-accused who has been granted bail is concerned, although he is the father-in-law of the deceased but the fact that dead body was cremated and only remains were recovered which was done without any information either to the police or other authorities or the family members of the deceased has not been considered.

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BAIL No. 36406 of 2025

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3

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After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is named in the first information report and the allegation against the applicant and other co-accused persons is of murder of the deceased who was carrying a pregnancy of about 08 months and then cremating her. After first information report the police collected the remains from the cremation ground and thus the cause of death could not be ascertained. No ground for bail is made out.

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Looking to the facts and circumstances of the case, this Court does not find it a fit case for bail, hence, the bail application is rejected.

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Pending application (s), if any, shall stand disposed of.

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October 17, 2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Shyamvati Alias Pate v. State of U.P.

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Shyamvati Alias Pate v. State of U.P.

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