Kevla Devi vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:17807

Court No. - 67

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 495 of 2025

Applicant :- Kevla Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lok Nath Shukla,Raj Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party no. 1, and perused the material placed on record.

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This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 245 of 2024, under Sections 85, 80(2) B.N.S. and 3/4 Dowry Prohibition Act, Police Station Aurai, District Bhadohi.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant is the mother-in-law of the deceased. The deceased died at her parental home due to asphyxia as a result of ante-mortem hanging. At this stage, there is no credible evidence to establish that soon before her death the deceased was subjected to cruelty for demand of dowry. There are vague and general allegations against the applicant. Co-accused Virendra Bind (husband of the deceased) has been arrested. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of her arrest in the above mentioned case and in case she is released on anticipatory bail, she will not misuse the said liberty.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there are general and vague allegations against the applicant, the deceased died at her parental house, and at this stage there is no credible evidence to establish that the deceased was subjected to cruelty for demand of dowry, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Kevla Devi be released on anticipatory bail

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in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S.., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make herself available for interrogation by a police officer as and when required;

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

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(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 7.2.2025 SKT/-

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

Kevla Devi v. State of U.P. and Another

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