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

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

What the court decided

AI extract

Outcome

Bail refused (application rejected). Ancillary directions issued: Superintendent of Police, Deoria to produce all remaining prosecution witnesses on the dates fixed; trial court to record witness statements on the same day without adjournment and to afford cross-examination in continuation of examination-in-chief, so the trial concludes at the earliest.

Issue for consideration

Whether the applicant, involved in Case Crime No. 203 of 2021 under Sections 304B, 498A, 323, 504, 506, 316 IPC and Section 3/4 Dowry Prohibition Act (PS Tarkulwa, District Deoria), should be enlarged on bail during the pendency of trial, given her detention since 01.11.2021 and the unconcluded trial. +1 more

Court's answer

It is not in dispute that the cause of death of the deceased is strangulation and PW-1 has supported the prosecution case; hence the Court finds no good ground on merit to enlarge the applicant on bail.

Ratio / Principle

The third bail application is rejected.

Key takeaways

The observations contained in the order are confined to the issue of bail and shall not affect the merit of the trial.obiter¶8
Considering the detention period of the applicant, the Superintendent of Police, Deoria is directed to ensure production of all remaining prosecution witnesses on the dates fixed before the trial court so that the trial is concluded at the earliest.ratio¶9
On appearance of the prosecution witnesses, the trial court shall record their statements on the same day without granting any adjournment to either of the parties.

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Singh, J.; order dated 16.5.2025) rejected a third bail application of Devanti Devi, accused in Case Crime No. 203 of 2021 under Sections 304B, 498A, 323, 504, 506, 316 IPC and Section 3/4 Dowry Prohibition Act, PS Tarkulwa, District Deoria. Although the applicant had been in custody since 01.11.2021 with the trial unconcluded (earlier applications rejected on merits on 02.02.2023 and dismissed for want of prosecution on 06.02.2025), the Court found no merit ground for bail because the cause of death — ante-mortem strangulation per postmortem — was undisputed and PW-1 (complainant Gauri Shankar, father of the deceased) had fully supported the prosecution case. The Court clarified that its observations were confined to the bail issue and would not affect the trial's merit. Directing attention to expedition, the Court instructed the SP, Deoria to produce all remaining prosecution witnesses on the fixed dates, and the trial court to record their statements the same day without adjournment, affording cross-examination in continuation of examination-in-chief.

Neutral Citation No. - 2025:AHC:81327

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9564 of 2025

Applicant :- Devanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Mani,Pusp Raj Singh,Sanjeev Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.

By means of this third bail application, applicantDevanti Devi, who is involved in Case Crime No. 203 of 2021, under Sections 304B, 498A, 323, 504, 506, 316 of I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Tarkulwa, District Deoria, seeks enlargement on bail during the pendency of trial.

First bail application of the applicant was rejected by this Court vide order dated 02.02.2023 in Criminal Misc. Bail Application No. 16508 of 2022 on merits and second bail application of the applicant was dismissed for want of prosecution by this Court vide order dated 06.02.2025 in Criminal Misc. Bail Application No. 38076 of 2024.

Main substratum of argument of learned counsel for the applicant is that the applicant is languishing in jail since 01.11.2021, but till date, her trial has not been concluded, therefore, considering the detention period of the applicant, she may be enlarged on bail.

On the other hand, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by contending that as per the postmortem report of the deceased cause of death of the deceased is asphyxia due to ante mortem strangulation and five injuries were found on her

body. Much emphasis has been given by contending that the offence is heinous in nature. Before the trial court statement of complainant Gauri Shankar (father of the deceased) has already been recorded as PW-1, in which he has fully supported the prosecution case. The Hon'ble Supreme Court in the case of X Vs. State of Rajasthan and another, 2024 SCC OnLine SC 3539 , has held that if trial has started, bail should not be granted in heinous offences like murder and rape. Hence, the bail application of the applicant is liable to be rejected.

Having heard the submissions of learned counsel for the parties and perusing the record, I find that it is not in dispute that cause of death of the deceased is strangulation and PW-1 has supported the prosecution case, hence, I do not find any good ground on merit to enlarge the applicant on bail.

Accordingly, the bail application is rejected .

It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial.

However, considering the detention period of the applicant, Superintendent of Police, Deoria is directed to ensure the production of all the remaining prosecution witnesses on the dates fixed before the trial court so that trial of the applicant may be concluded at the earliest.

On appearance of the prosecution witnesses, trial court shall record statements on the same day without granting any adjournment to either of the parties. Opportunity of cross-examination to the defence/accused shall also be afforded in continuation of the examination-in-chief of the witnesses.

Copy of this order be sent to the Superintendent of Police, Deoria and the concerned trial court for necessary information and compliance.

Order Date :- 16.5.2025 Kashifa

Digitally signed by :- KASHIFA High Court of Judicature at Allahabad