In a bail application under Sections 498-A, 304-B, 328 IPC and Dowry Prohibition Act, the High Court allowed the application of Bachchi Devi, alleging she was falsely implicated in her daughter-in-law's death and had no criminal history.
Release of Bachchi Devi on bail by furnishing a personal bond and two sureties in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15074 of 2019
Applicant :- Bachchi Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Saran Srivastava,Shashank Khare Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Smt. Ladlee Pandey, learned A.G.A. for the State and perused the record.
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 and according to F.S.L. report, aluminium phosphate was found in the body of deceased.
It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law of deceased. Coaccused namely Heeramani has already been granted bail by this Court vide order dated 10.4.2019 in Criminal Misc. Bail Application No. 14884 of 2019. 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. Applicant has no concern with deceased and her husband. She is living separately. 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.
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.
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.
Let the applicant Bachchi Devi involved in Case Crime No. 136 of 2018, under Sections 498-A, 304-B, 328 IPC and 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:
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
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.
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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 11.4.2019 A. Singh
2 issues framed by the court
Whether the bail application of Bachchi Devi, charged with dowry death and cruelty offences, deserves to be allowed.
Whether the applicant fulfills the conditions required for granting bail despite serious allegations.
4 provisions across 4 enactments
Bachchi Devi
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
