In a bail application under Sections 304-B and 498-A IPC, the Single Judge allowed the application, releasing the applicant on personal bond and sureties, noting her innocence and lack of specific role, despite concerns over tampering with the deceased's body.
Release of applicant Kalawati Singh on personal bond and furnishing two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40205 of 2018
Applicant :- Kalawati Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajiv Lochan Shukla,Pradip Kumar Rai
Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant happens to be the motherin-law of the deceased. The marriage in question is stated to have taken place on 30.01.2013, whereas the female child was born out of the wedlock of the deceased. No specific role has been assigned against the applicant. The applicant is not directly responsible for the said offence. The applicant has no intention or motive to commit dowry death. The applicant does not bear any criminal history and is languishing in jail since 11.02.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has submitted that the applicant along with other family members were causing disappearance of the evidence by disposing off the body of the deceased, when the complainant arose at the spot the F.I.R. was lodged. However, he has not disputed the claim of the applicant that there is no specific role assigned against the applicant.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Kalawati Singh involved in Case Crime No.
41 of 2018, under Sections 498-A, 304-B, 201 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Pipraich, District Gorakhpur be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 20.11.2018/A. Tripathi
3 issues framed by the court
Whether the applicant, having no specific role assigned and no motive to commit dowry death, is entitled to bail.
Whether the anticipatory tampering with evidence by family members warrants continued detention.
Whether reasonable apprehension of threat to the complainant justifies release on bail.
Kalawati Singh
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
