Allowed

Asha Devi v. State of U.P.

Allahabad HC17 Jul 2018BAIL/17372/2018

Case brief

AI extract

What is this about?

In bail application Cr. Misc. No. 17372 of 2018, the High Court committed Asha Devi to be released on bail in a dowry-death case under IPC 498-A and 304-B, requiring a personal bond and sureties with standard conditions against tampering and further offences.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties in like amount to the satisfaction of the court.

Asha Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2018)

¶1

Court No. - 12

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17372 of 2018

¶3

Applicant :- Asha Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Dinesh Kumar Verma Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

¶6

The instant bail application has been filed on behalf of the applicant, Asha Devi with a prayer to release her on bail in Case Crime No. 626 of 2016, under Sections 498-A , 304-B IPC, and section 3/4 Dowry Prohibition Act Police Station Civil Line, District- Etawah, during pendency of trial.

¶7

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The applicant is an old lady aged about 58 years and she is living separately along with her husband. The applicant is the mother-in-law of the deceased. The fatherin-law and brother-in-law(Jeth) have been granted bail by this court vide orders dated 16.3.2018 and 19.3.2018 passed in Criminal Misc. Bail Application Nos. 10026 of 2018 and 10157 of 2018; respectively. The applicant is languishing in jail since 4.4.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶8

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in similar activities and will misuse the liberty of bail.

¶9

Having considered the submissions of the parties and without expressing any opinion on the merits of the case, let the applicant Asha Devi involved

¶10

in the aforesaid 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 with the following conditions that :-

¶11

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶12

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶13

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶14

In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶15

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶16

Order Date :- 17.7.2018 Atul kr. sri.

Asha Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Asha Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ram Kripal Pandey Vs Sri Ram Kawal Pandey

Afsar Ali Khan and Others Vs Bashir Ahmad Khan

Sazid Hasan and Others Vs Gulam Rasool and Others

Zarif Ahmed Vs State of U.P.

Hira Lal Vs State of U.P.

Saurabh Sharma @ Sonu Vs State of U.P.