Neetu Mishra v. State Of U.P. Thru. Prin. Secy. Home Lko

Heard Sri R.P. Mishra, learned counsel for the appellant and Sri S.P. Singh, learned AGA for the State on the bail application in pending appeal.

This is the first bail application of the present appellant in Sessions Trial No.47 of 2018 (Case Crime No.731 of 2016), under Sections 498-A, 302/34 IPC and Section 4 of Dowry Prohibition Act, Police Station Kotwali Gaisarhi, District- Balrampur wherein the appellant has been convicted and sentenced for maximum period of life imprisonment with fine stipulations.

Submission of learned counsel for the appellant is that the present appellant is sister-in-law (Jethani) of the deceased. She has been falsely implicated and her relations with the deceased were cordial and she had nothing to do with the family affairs of her brother-in-law (Devar) and the deceased as she has been separately living in Lucknow for couple of years. Further submission is that the appellant and her husband are in jail and their children are in abandoned condition in the house.

Attention has been drawn towards the evidences of PW-1, PW-2, PW- 3, PW-4 & PW-5, who are the star witnesses in the present case. PW-1 is father, PW-2 is mother, PW-3 is sister, PW-4 & PW-5 are the brothers of 2 CRLA No. 1058 of 2024 the deceased. All the aforesaid star witnesses have not supported the prosecution story. PW-2 to PW-5 have denied the prosecution story stating that the deceased had never complained against her husband and his family members regarding ill behaviour, torture or demand of dowry. Learned Trial Court has considered the aforesaid fact and also one relevant fact that the present appellant alongwith her family was living in Lucknow for couple of years and on the date of incident, the present appellant alongwith her family was present in Lucknow. Therefore, Sri Mishra has stated that the Dying Declaration so far as it relates to the present appellant creates doubt on such Dying Declaration but considering the Dying Declaration of the deceased, learned Trial Court convicted the present appellant for life imprisonment. The present appellant is a lady, aged about 36 years, and is in jail since 29.02.2024.

Sri Mishra has further stated that as and when the paper-book is prepared, he will address the Court on merits without taking any unnecessary adjournment and he is very much hopeful that the conviction order would be set aside so far as the role of the present appellant is concerned. Further, if the appellant is released on bail, she shall not misuse the liberty of bail.

Per contra, Sri S.P. Singh, learned AGA has opposed the aforesaid contentions of Sri R.P. Mishra, learned counsel for the appellant, by submitting that in the Dying Declaration, specific allegation has been levelled against the present appellant. However, on being confronted on the deposition of the star witnesses i.e. PW-1 to PW-5, he has also stated that those prosecution witnesses have not properly supported the prosecution version and has submitted that at the time of incident in question, the present appellant was present in Lucknow. She was living in Lucknow for the last couple of years and was not living with the deceased.

Having considered the submissions of learned counsel for the parties and having perused the material available on record; considering the fact that the present appellant is sister-in-law (Jethani) of the deceased; she was living separately in Lucknow for the last couple of years; the prosecution witnesses i.e. PW-1 to PW-5 have not properly supported the 3 CRLA No. 1058 of 2024 prosecution version, rather deposed that the appellant has been living in Lucknow for the last couple of years alongwith her family and the fact that she and her husband are in jail and their children are in abandoned condition in the house, the present appellant is entitled for bail.

It is made clear that the appellant is being granted bail without entering into merits of the appeal as the appeal would be heard and decided on merits on its own turn.

Let appellant- Neetu Mishra convict of the aforesaid sessions trial 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.

As soon as personal bonds and sureties are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by the Trial Court concerned to be kept on record of this appeal.

It is further made clear that during bail, if the appellant-accused commits any offence, the prosecution will be at liberty to file an application for cancellation of bail.

Out of total fine imposed by the learned Trial Court, Rs.10,000/- (Rupees ten thousand) shall be deposited by the appellant within a period of two months from the date of release and rest of the fine shall remain stayed. If fine of Rs.10,000/- is not deposited within the aforesaid stipulated time, the bail granted to the appellant shall stand cancelled and she shall be arrested and sent to jail to serve out the sentence.

Office is directed to prepare the paper-book, if not already prepared, and provide a copy of the same to the counsel for the parties, as per rules.

List the appeal in due course. (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) October 15, 2025 RBS/-