Allahabad High Court
Sharda Devi vs State Of U.P. on 25 August, 2025
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:146624
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29237 of 2025
Court No. - 65
HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned counsel for the opposite party is not present.
2. Supplementary affidavit filed today is taken on record.
3. Heard Sri Rajnish Kumar Srivastava, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.
4. Applicant seeks bail in Case Crime No.301 of 2025, under Sections 80, 85, 115(2) B.N.S. and 3/4 D.P. Act, Police Station Dibiyapur, District Auraiya, during the pendency of trial.
5. Learned counsel for the applicant has stated that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. She has nothing to do with the said offence as she lives separately to the husband-wife duo. There are general and omnibus allegations against all the accused persons including the applicant.
6. Learned counsel for the applicant has further stated that the husband of the applicant Rakesh Kumar has been enlarged on bail by the Sessions Judge, Auraiya vide order dated 07.07.2025 passed in Bail Application No.1085 of 2025. The case of the applicant is at par with co-accused person Rakesh Kumar. There is no criminal history of the applicant. The applicant is languishing in jail since 17.06.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.
7. Learned A.G.A./State Law Officer has vehemently opposed the bail application.
8.The Supreme Court in the judgment ofKahkashan Kausar @ Sonam vs. The State of Bihar, (2022) 6 SCC 599has categorically opined that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out.
9.Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact thatthe applicant is the mother-in-law of the deceased person and there are general and omnibus allegations against all the accused persons, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
10. Let the applicant-Sharda Devi, who is involved in aforementioned case crime be released on bail on her 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.
(i) The applicant shall not tamper with evidence during trial.
(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.
(iii) The applicant shall appear before the trial court on the date fixed.
11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
August 25, 2025
(Ravi Kant)
