Vigani Devi vs State of U.P.

Neutral Citation No. - 2025:AHC:21702

Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3764 of 2025

Applicant :- Vigani Devi Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pal Singh,Harish Chandra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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This bail application has been filed on behalf of the applicantaccused in Case Crime No. 356 of 2023, under Sections - 498-A, 304-B I.P.C. and section - 3/4 Dowry Prohibition Act, Police Station - Sevarahi, District - Kushi Nagar, with the prayer to enlarge the applicant-accused on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and she has been falsely implicated in this case. The applicant is mother-in-law of deceased. The marriage of deceased with son of applicant has taken place in December, 2022. Only general allegations of dowry demand and harassment of deceased have been levelled against all the accused persons, including the applicant. No specific role has been assigned to the applicant. It was submitted that the husband of deceased was working at another place and deceased wanted to go there. She has committed suicide by consuming some insecticide due to depression. In postmortem report, no injury has been shown on the body of the deceased and the cause of death could not be

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ascertained, hence viscera was preserved. As per F.S.L. report, aluminium phosphide was found in the viscera of the deceased. Similarly placed co-accused Dudhnath Singh, who is father-in-law of deceased, and co-accused Suraj Singh, who is brother-in-law (devar) of deceased, have already been granted bail by this Court. Lastly, it was submitted that the applicant-accused is a lady and she is languishing in jail since 21.11.2024, having no criminal history, and that in case the applicant is released on bail, she will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. has opposed the prayer for bail and submitted that deceased has suffered death other than under normal circumstances within a period of seven years of her marriage.

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Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is allowed .

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Let the applicant - Vigani Devi involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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i. The applicant shall not tamper with the evidence during the trial.

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ii. The applicant shall not pressurize/ intimidate any of the prosecution witness.

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iii. The applicant shall appear before the trial court on the date fixed, unless her personal presence is exempted.

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iv. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which

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she is suspected.

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v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.

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Order Date :- 14.2.2025

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S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Vigani Devi v. State of U.P.

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Vigani Devi v. State of U.P.

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