Allowed¶18

Sobha Chauhan v. State of U.P. Thru. Secy. Deptt. of Home Lko.

Allahabad HC31 Jul 2025BAIL/7106/2025

Case brief

AI extract

What is this about?

Bail allowed; Sobha Chauhan (also spelled Shobha Chauhan), jethani/cousin of deceased; FIR/Case Crime No.0122 of 2025; Sections 80(2), 85 B.N.S.; Section 3/4 Dowry Prohibition Act; P.S. Kotwali Nagar, Balrampur; dowry demand allegations vague; entire family roped in; defence plea of suicide with oblique ligature mark; no criminal history; in jail since 17.06.2025; bond Rs.25,000/- plus two sureties; conditions incl. S.313 Cr.P.C./351 B.N.S.S. appearance; Allahabad High Court Lucknow Bench; Saurabh Lavania, J.; 2025:AHC-LKO:44464; dated 31.7.2025.

What did the court decide?

Applicant Sobha Chauhan released on bail in FIR/Case Crime No.0122 of 2025 on personal bond of Rs.25,000/- and two reliable sureties each of the like amount, subject to conditions (i)-(viii). ¶18

Sobha Chauhan Vs State of U.P. Thru. Secy. Deptt. of… — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Sobha Chauhan released on bail in FIR/Case Crime No.0122 of 2025 on personal bond of Rs.25,000/- and two reliable sureties each of the like amount, subject to conditions (i)-(viii).

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Issue for consideration

Whether the applicant Sobha Chauhan, arraigned in FIR/Case Crime No.0122 of 2025 under Sections 80(2), 85 B.N.S. and Section 3/4 of the Dowry Prohibition Act, is entitled to be released on bail.

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Court's answer

Upon due consideration of the facts, submissions, F.I.R., the applicant's lack of criminal history, incarceration since 17.06.2025 and chances of conviction, the Court found the applicant liable to be allowed and allowed the bail application.

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Ratio / Principle

The applicant, being the cousin and real sister-in-law (jethani) of the deceased with the entire family roped in on dowry-demand allegations that prima facie appear vague, weighed in favour of grant of bail.

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Key takeaways

The applicant is to be released on bail in the aforesaid case crime number on furnishing a personal bond of Rs.25,000/- with two reliable sureties each of the like amount, subject to conditions (i)-(viii), including presence for statement under Section 313 Cr.P.C./351 B.N.S.S.; default permits the trial court to treat it as abuse of bail liberty.ratio¶18
Observations made in the bail order shall have no bearing on the merits of the case and the trial court shall not be influenced by them.ratio¶29

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Saurabh Lavania, J.; Neutral Citation 2025:AHC-LKO:44464; Order Date 31.7.2025) allowed the bail application of Sobha Chauhan in CRIMINAL MISC. BAIL APPLICATION No. 7106 of 2025 arising from FIR/Case Crime No.0122 of 2025, P.S. Kotwali Nagar, District Balrampur, under Sections 80(2), 85 B.N.S. and Section 3/4 of the Dowry Prohibition Act. The applicant, cousin and real sister-in-law (jethani) of the deceased, with no criminal history and in jail since 17.06.2025, was held entitled to bail as the entire family had been roped in on dowry-demand allegations which prima facie appeared vague. Bail was ordered on a personal bond of Rs.25,000/- with two sureties of like amount, subject to conditions including cooperation with prosecution, non-tampering with evidence, and personal presence for statement under Section 313 Cr.P.C./351 B.N.S.S. The Court clarified that its observations shall have no bearing on the merits of the case.

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Neutral Citation No. - 2025:AHC-LKO:44464

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7106 of 2025

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Applicant :- Sobha Chauhan Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Shri K.N. Mishra, Advocate along with Shri Rahul Mishra, Advocate have put in appearance on behalf of informant by filing the Vakalatnama, which is taken on record.

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On a query being put to Shri Arun Kumar Verma, learned A.G.A., he submitted that he has complete instructions in the matter and is ready to argue the case on merits, as such, this Court proceeded to hear the instant application seeking bail on merits.

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Heard learned counsel for the applicant, Shri Rahul Mishra, learned counsel for the informant, learned A.G.A. for the State of U.P. and perused the material available on record.

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The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0122 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 of Dowry Prohibition Act, P.S.Kotwali Nagar, District- Balrampur.

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It is stated that the deceased is the cousin of the applicant and the applicant is also real sister-in-law (jethani) of the deceased and as such it can be inferred that the applicant has been implicated with oblique motive as both the applicant and victim were sailing on the same boat.

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It is further stated that it is a case of suicide as upon due medical examination of the body of deceased oblique ligature mark was found. Other injuries found by the doctor concerned could be caused during carrying the body of the deceased.

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It is further stated that the informant has implicated all the members of the family, i.e. Pankaj Chauhan (husband), Pushpendra Chauhan (jeth), Sonu Chauhan (brother-in-law/devar)

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including the applicant- Shobha Chauhan (jethani).

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Further submission is that the allegations levelled in the FIR would indicate that same are completely vague so far as it relates to demand of dowry, particularly, against the present applicant.

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It is further stated that the applicant, who is having no criminal history and is in jail since 17.06.2025, is entitled to be released on bail. In case of being enlarged on bail, she will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses.

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Learned counsel for the informant as well as A.G.A. vehemently opposed the prayer for bail, however, they could not dispute the aforesaid contentions of counsel for the applicant.

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Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant, learned counsel for the informant and learned A.G.A., F.I.R. as also considering the fact that applicant is cousin and real sister-in-law of deceased and entire members of the family has been roped in the present case on the basis of allegations related to demand of dowry, which prima facie appear to be vague, as also the fact that the applicant having no criminal history is in jail since 17.06.2025 as also the chances of conviction of the applicant in the instant case, this Court finds that the present applicant is liable to be allowed. Accordingly, it is allowed .

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Let the applicant- Sobha Chauhan be released on bail in the aforesaid case crime number on her furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the

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facts of the case so as to dissuade her from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C./351 B.N.S.S.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order.

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Order Date :- 31.7.2025 Anand/-

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Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Sobha Chauhan v. State of U.P. Thru. Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Sobha Chauhan v. State of U.P. Thru. Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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