Allowed

Bhagauti @ Phoolan and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC25 Jun 2025CRLA/2761/2024

Case brief

AI extract

What is this about?

The High Court granted bail to appellants in a criminal appeal under Section 374(2) CrPC, releasing them on personal bond and sureties after serving a partial sentence, while staying the realization of half the fine pending appeal conclusion.

What did the court decide?

Appellants released on bail with personal bond and two sureties; realization of half the fine stayed during appeal pendency.

Bhagauti @ Phoolan and Another vs State of U.P. Thru… — Property and Title | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:36447

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Court No. - 11

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Case :- CRIMINAL APPEAL No. - 2761 of 2024

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Appellant :- Bhagauti @ Phoolan And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Appellant :- Mohd. Nafeesh Quraishi,Anand Dubey Counsel for Respondent :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

Order in appeal.

List in due course.

Order on bail

Counter affidavit filed today in Court by learned A.G.A. is taken on record.

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Heard learned counsel for the appellants as well as learned A.G.A. for the State and perused the material on record.

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This criminal appeal under Section 374(2) of the Criminal Procedure Code has been preferred with prayer to suspend the sentence and to release the appellants on bail in Session Trial No.105 of 2019 arising out of Case Crime No. 46 of 2019, under sections 498-A, 304-B I.P.C and 3/4 D.P. Act, Police Station Katra Bazar, District Gonda.

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It is submitted by learned counsel for the appellants that in this case they are Saas and Sasur and have committed no offence. There is no any demand of dowry or harassment with the deceased but on account of dispute between husband and wife she committed suicide by hanging. Being related to the husband, the appellants were also named in the F.I.R and the learned trial court without considering this fact convicted and sentenced them also which is erroneous. He also submits that the husband has already been enlarged on bail by co-ordinate Bench of this Court in Crl. Appeal No.2752 of 2024 vide order dated 18.9.2024. The appellants are in jail since 23.8.2024 and are old aged persons and hearing of appeal is also not likely to be completed in near future, therefore, request to release the appellants on bail during the pendency of appeal.

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Learned A.G.A. opposed the prayer as aforesaid

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Considering the facts and circumstances of the case, submissions made by learned counsel for the appellants as well as learned A.G.A. and perusal of record, keeping in view the period of sentence appellants served in jail and none possibility of hearing of appeal in near future; without further commenting on merit of the case, I am inclined to release the appellants on bail.

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Let the appellants Bhagauti @ Phoolan and Sumita @ Sumirta involved in aforesaid case be released on bail on 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.

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The realization of half of the fine awarded to the appellant shall also remain stayed during the pendency of the appeal.

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The appellant would be entitled to get the benefit of this order only after depositing 50 % amount of fine.

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The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 25.6.2025 GS/A. Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Bhagauti @ Phoolan and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Bhagauti @ Phoolan and Another v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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What did the court decide?

What the court decided

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