Allahabad High Court
Smt. Premvati vs State Of U.P. on 20 May, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:84063
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6632 of 2025
Applicant :- Smt. Premvati
Opposite Party :- State of U.P.
Counsel for Applicant :- Raghubir Singh
Counsel for Opposite Party :- Anita Singh,G.A.,Prem Babu Verma
with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7003 of 2025
Applicant :- Darshanpal
Opposite Party :- State of U.P.
Counsel for Applicant :- G.A.,Raghubir Singh
Counsel for Opposite Party :- Anita Singh,Prem Babu Verma
Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri N.I. Jafri, learned Senior Advocate assisted by Sri Raghubir Singh, learned counsel for the applicants, Ms. Anita Singh, learned counsel for the first informant and Sri Ajay Singh, learned counsel for the State and perused the material on record.
3. These two bail applications have been connected together as they are of co-accused in the same matter and in compliance of order dated 17.03.2025 passed in Crl. Misc. Bail Application No. 7003 of 2025 (Darshanpal Vs. State of U.P.).
4. These bail applications under Section 483 BNSS has been filed by the applicants Smt. Premvati and Darshanpal, seeking enlargement on bail during trial in connection with Case Crime No. 205 of 2024, under Sections 80(2), 85 BNS and 3/4 D.P. Act, registered at P.S. Rajawali, District Firozabad.
5. The facts in the matter are that a First Information Report was lodged on 30.11.2024 by Rishimuni against Premvati (mother-in-law), Darshanpal (father-in-law), Sonu @ Sonveer (husband), Suman (nand), Bijendra (jeth), Smt. Sarita (jethani) and Bachhu Singh (mamia sasur) alleging therein that the marriage of Sunita the sister of the informant was solemnized with Sonu @ Sonveer the son of the applicants on 05.03.2024 in which brother of the informant had given Rs. 2 lakh cash, gold jewellery, a motorcycle, household items and gifts and had spent total of Rs. 9 lakh but the accused persons were not satisfied with it and there was an additional demand of a car and Rs. 3 lakh as dowry. The deceased told that her family is poor but still the accused persons continued to torture and assault her. Whenever she used to make a complaint to her husband, he used to take side of his father and stated that she should do the act as stated by his father. On 03.07.2024 the accused persons threw her out of house and stated to bring the desired dowry after which she by saving her life went to her maternal house. Later on on 28.05.2024 there was a written settlement agreement between the parties and she was taken back to her matrimonial house where again her torture and assault started. On 30.11.2024 the accused persons murdered her. She was having pregnancy of about 3 months. FIR be lodged and action be taken.
6. Learned counsel for the applicants submitted that the applicants have been falsely implicated in the present case. It is submitted that the applicant Smt. Premwati is the mother-in-law and Darshanpal is the father-in-law of the deceased. It is submitted that general and omnibus allegations have been levelled against the accused persons including the applicants. While placing para 5 of the supplementary affidavit dated 20.03.2025 filed in the bail application of Smt. Premvati it is submitted that charge sheet in the matter has been submitted against the applicants and co-accused Sonu @ Sonveer (husband) only whereas other four accused persons named in the FIR have been exonerated during investigation. It is submitted that the deceased committed suicide and died by consuming poison. It is further submitted that in so far as the injuries received by the deceased are concerned, the same appear to have been received after she consumed poison and was in a state of unconscious. It is submitted that the cause of death could not be ascertained and viscera was preserved which as per Affidavit of Compliance dated 05.05.2025 of the State in the bail application of Smt. Premwati was found to contain Aluminium Phosphide poison which would go to show that the death is because of poison which occurred after the deceased consumed poison. It is further submitted while placing para 16 of the affidavit in the bail application of Smt. Premvati that the deceased was not happy with the marriage which was against her will and she did not wanted to live with her husband and wanted to marry some other boy which was the reason for her being frustrated after which she committed suicide. It is further submitted that the applicant Smt. Premvati is a lady and she is entitled to the benefit of Section 480 BNSS. It is further submitted that the applicants have no criminal history as stated in para 21 in both the affidavits and are in jail since 01.12.2024 .
7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and submitted that the applicants are named in the FIR and there are allegations against them. It is submitted that torture and harassment of the deceased is evident from that the fact that even prior to the present incident she was throw out of the house after which settlement agreement was done and then she she was taken to her matrimonial house. It is submitted that the postmortem examination report of the deceased would go to show that she was tortured soon before her death. It is submitted that the deceased was having pregnancy and a lady committing suicide while bearing pregnancy, is impossible. It is submitted that the present case is one of those which is covered by the judgment of the Apex Court in the case of Shabeen Ahmad Vs. State of U.P. and another : SLP (Criminal) No. 15156 of 2024, decided on 03.03.2025 and while placing para 15 of the same has submitted that the gravity of the offence also needs to be looked into and there is nothing on record that the deceased died a natural death. It is submitted that there is no reason for false implication of the applicants and as such the prayer for bail of the applicants be rejected.
8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant Smt. Premvati is the mother-in-law and applicant Darshanpal is the father-in-law of the deceased. The deceased was found to have received injuries on her body which are noted in the postmortem examination report which reads as under:
"i) Bluish contusion 2cm x 2cm of right shoulder lateral aspect.
ii) Bluish contusion 3cm x 3cm back of right shoulder.
iii) Bluish contusion 6cm x 3cm left left arm lateral aspect."
iv) Bluish contusion 15cm x 8cm left thigh antero - lateral aspect."
9. The cause of death could not be ascertained and viscera was preserved in which after examination Aluminium Phosphide poison was found. Further the doctor found the deceased pregnant of about 8 weeks, the same is noted in the postmortem examination. The injuries as received would go to show that she was tortured and harassed soon before her death. The cause of death is due to poison. There are allegations against the applicants. No ground is made out. I do not find it a fit case for bail.
10. Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicants on bail.
11. Both the bail applications are, accordingly, rejected.
12. Pending application(s), if any, shall stand disposed of.
Order Date :- 20.5.2025
M. ARIF
(Samit Gopal, J.)
