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

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

What the court decided

AI extract

Outcome

Regular bail granted to Smt. Servesh Devi in Case Crime No. 416 of 2025: release 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 issuing the release order, subject to conditions of non-tampering with evidence, non-intimidation of prosecution witnesses and appearance before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether Smt. Servesh Devi, involved in Case Crime No. 416 of 2025 under Sections 85 and 80(2) B.N.S. and 3/4 D.P. Act (Police Station Kasganj, District Kasganj), should be released on bail during the pendency of trial.

Court's answer

Considering the facts and circumstances, the submissions of counsel, the evidence on record and the fact that PW-1 has turned hostile, and without expressing any opinion on the merits of the case, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The bail application is allowed: the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the sureties to be verified before the release order is issued.

Key takeaways

Release is subject to conditions: (i) the applicant shall not tamper with evidence during trial; (ii) she shall not pressurise/intimidate the prosecution witnesses; (iii) she shall appear before the trial court on dates fixed; breach of any of these conditions shall be a ground for cancellation of bail.ratio¶¶21
It is made clear that observations made in granting bail to the applicant shall not in any way affect the trial judge in forming his independent opinion based on the testimony of the witnesses.obiter¶¶22

Detailed headnote1 paragraphs

Bail granted — Criminal Misc. Bail Application No. - 40251 of 2025, High Court of Judicature at Allahabad, Krishan Pahal, J., decided November 17, 2025: Smt. Servesh Devi, applicant in Case Crime No. 416 of 2025 (Sections 85, 80(2) B.N.S.; 3/4 D.P. Act; Police Station Kasganj, District Kasganj), in custody since 25.06.2025 and with no criminal history, was granted regular bail during the pendency of trial, the Court taking into consideration that PW-1 had turned hostile, resiled from his earlier statement and been cross-examined as a hostile witness, and without expressing any opinion on the merits. Release ordered on a personal bond with two sureties each in the like amount (sureties to be verified before the release order), subject to conditions barring tampering with evidence and intimidation of prosecution witnesses and requiring attendance on dates fixed, breach of any condition being a ground for cancellation of bail. Observations made in granting bail were expressly stated not to affect the trial judge's independent opinion based on the testimony of the witnesses.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40251 of 2025

Smt. Servesh Devi

.....Applicant(s) Versus State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Heard Sri Rajesh Kumar, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.416 of 2025, under Sections 85, 80(2) B.N.S. and 3/4 D.P. Act, Police Station Kasganj, District Kasganj, during the pendency of trial.

Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. PW1 has been examined during trial and he has not supported the prosecution story and has resiled from his earlier statement and has been cross-examined by the public prosecutor after declaring him hostile. There is no likelihood of conviction of the applicant in the present case.

Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 25.06.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

Considering the facts and circumstances of the case, submissions made by

BAIL No. 40251 of 2025

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learned counsel for the parties, the evidence on record, taking into consideration the fact that PW-1 has turned hostile, 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 .

Let the applicant- Smt. Servesh 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.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/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.

(Krishan Pahal,J.)

November 17, 2025

(Ravi Kant)

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