Allowed

Heeramani v. State of U.P.

Allahabad HC10 Apr 2019BAIL/14884/2019

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Heeramani, a lady sister-in-law, accused in a dowry murder case involving sections 498-A, 304-B IPC, and the Dowry Prohibition Act. The Court found her accusation to be general with no independent evidence and granted bail on conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount subject to the standard bail conditions listed in paragraphs 12 to 17.

Heeramani Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14884 of 2019

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Applicant :- Heeramani Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Saran Srivastava,Shashank Khare Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Sri C.P. Singh, learned A.G.A. for the State and perused the record.

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According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Ashok Kumar, Bhusai (father-in-law), mother-in-law, Ramshwarup (jeth) and Heeramani (nanad) alleging that the marriage of deceased Geeta Devi was solemnized with Ashok Kumar on 5.5.2018, they demanded additional dowry from the deceased for which the deceased was being tortured by them and on 23.8.2018 they killed Geeta Devi by administering poison. According to postmortem report, cause of death could not be ascertained, viscera was preserved.

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It is submitted by learned counsel for the applicant that applicant is lady and sister-in-law (nanad) of deceased. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She has no concern with the demand of dowry and she is not beneficiary of the same. Deceased has committed suicide herself. She is languishing in jail since 18.2.2019 (more than one and half months) having no criminal history and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Heeramani involved in Case Crime No. 136 of 2018, under Sections 498-A, 304-B, 328 IPC and

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Section 3/4 Dowry Prohibition Act, P.S. Pashchim Sharira, District Kaushambi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 10.4.2019 A. Singh

Heeramani v. State of U.P.

Case brief

What is this about?

What did the court decide?

Heeramani v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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