Smt. Sanno @ Sanno and Another vs State of U.P.

Neutral Citation No. - 2025:AHC:9506

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 669 of 2025

Applicant :- Smt. Sanno @ Sanno And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abu Bakht Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Abu Bakht, learned counsel for the applicants and Sri Manoj Kumar Singh, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 289 of 2024, under Sections 108 and 115(2) B.N.S., Police Station Kotwali Sambhal, District Sambhal during pendency of the trial.

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FIR of the present case was lodged on 17.10.2024 under Section 69, 115(2) B.N.S. against applicants and two others and according to the FIR after the death of the husband of the informant, the relationship of the informant has been developed with the brother and son of applicant nos.1 and 2 respectively i.e. co-accused Gul Azim and under the false promise of marriage he several times made physical relationship with her and subsequently he refused to perform marriage with her. It is further mentioned in the FIR that whenever informant came to the house of co-accused Gul Azim then applicants along with mother of co-accused Gul Azim scolded her.

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Learned counsel for the applicants submitted that initially FIR of the present case was lodged under Sections 69, 115(2) B.N.S. but after lodging the FIR within one hour informant ablazed herself and thereafter case was converted under Section 108 B.N.S.

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He further submits, before the death of informant her statement was also recorded under Section 180 B.N.S.S. which has been annexed at page-33 of the paper-book and from perusal of the statement it reflects, as she developed some relationship with coaccused Gul Azim, the brother and son of applicant nos. 1 and 2 respectively and he was not performing marriage with her,

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therefore, she ablazed herself and from her statement it could not be reflected that due to the abatement of the applicants she committed suicide by ablazing herself.

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He further submits, it appears, only being close relatives of principal accused Gul Azim, applicants have been made accused in the present matter.

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He further submits, applicants are not having any criminal history and in the present matter they are in jail since 27.10.2024.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants.

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I have heard learned counsel for the parties and perused the record of the case.

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From the record, it reflects that applicant no.1 is the sister of co-accused Gul Azim while applicant no.2 is his father and as per allegation informant, who was although married lady, developed some relationship with co-accused Gul Azim after the death of her husband and co-accused Gul Azim sexually exploited her and he did not ready to perform marriage with her, therefore, she committed suicide by ablazing herself but from the entire material available on record including statement of deceased recorded during investigation before her death it could not be reflected, due to the abatement of the applicants she committed suicide.

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Further, applicants are not having any criminal history and in the present matter they are in jail since 27.10.2024.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicants - Smt. Sanno @ Sanno and Rafiq be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted.

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

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(iii) The applicants shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 21.1.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Smt. Sanno @ Sanno and Another v. State of U.P.

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