Allowed

Smt. Asha Devi v. State of U.P.

Allahabad HC25 Jun 2018BAIL/18225/2018

Case brief

AI extract

What is this about?

Criminal bail application filed by a mother-in-law charged under Section 304-IPC, 498-IPC, and Dowry Prohibition Act. The High Court granted bail citing lack of dying declaration, eyewitnesses, and potential witness tampering, subject to specific conditions.

What did the court decide?

Applicant released on bail by furnishing a personal bond with two sureties in like amounts, subject to conditions of regular court attendance and no misuse of liberty.

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

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Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18225 of 2018 Applicant :- Smt. Asha Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.,Rajjan Singh

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Hon'ble Ramesh Sinha,J.

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Heard Sri Bhavishya Sharma, Advocate, holding brief of Sri Sarvesh Kumar Dubey, learned counsel for the applicant and Sri M. P. Singh Gaur, learned AGA for the State.

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Sri Rajjan Singh, learned counsel for the complainant is not present though the matter is call out in the revised list.

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It appears from the order sheet of the case that Sri Rajjan Singh, Advocate has filed his memo of appearance on behalf of the complainant on 16.05.2018 and he has been granted time to file counter affidavit and the matter was fixed for 30.05.2018. On 30.05.2018 the matter was again fixed for 04.06.2018 and on 04.06.2018 the learned counsel for the complainant was not present. In pursuance of the order dated 04.06.2018 passed by the coordinate Bench of this Court, the matter against listed today before this Court, but the learned counsel for the complainant is not present.

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It has been contended by the learned counsel for the applicant that the applicant is the mother-in-law of the deceased. The marriage between the deceased and applicant's son, namely, Dherul was solemnized in the year 2016. Only general allegation has been levelled against the applicant. There is no dying declaration against the applicant nor there is any eye witness account of the incident. The husband of the deceased is in jail. The case of death is anti-mortem hanging. The applicant has no concerned at all and he has been implicated in the present case only on account to the fact that he happens to be mother-in-law of the deceased. The applicant has no other reported criminal antecedent. The applicant is in jail since 24.03.2018.

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The learned AGA opposed the prayer for bail and submitted that it appears from the ligature mark that in all around the neck, but he could not disputed the fact that the applicant is the mother-in-law of the deceased and the husband of the deceased is already confined in jail.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Smt. Asha Devi involved in Case Crime No. 37 of 2018, under Section 304-B, 498 IPC and 3/4 Dowry Prohibition Act, Police Station Vishungarh, District Kannauj, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 25.6.2018/VKG

Smt. Asha Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Asha Devi v. State of U.P.

Case brief

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What did the court decide?

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