Allowed

Chandrawati Devi v. State of U.P.

Allahabad HC15 Apr 2019BAIL/15553/2019

Case brief

AI extract

What is this about?

The Single Judge allowed the bail application of Chandrawati Devi, accused of dowry harassment and causing death of her daughter-in-law, noting lack of independent evidence against her and prior bail granted to a co-accused.

What did the court decide?

Bail granted on personal bond and two sureties subject to standard conditions prohibiting tampering with evidence or intimidating witnesses.

Chandrawati Devi 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. - 15553 of 2019

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Applicant :- Chandrawati Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sadhu Sharan 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 Mayank Mishra, learned brief holder for the State and perused the record.

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According to prosecution case, on the basis of application u/s 156(3) Cr.P.C. F.I.R. was lodged on 10.10.2018 (after one and half months) by the informant against four accused persons namely, Raju Pal (husband), Jairam Pal (father-in-law), Chandrawati Devi (mother-in-law) and Priyanka Pal (jethani) alleging that the marriage of deceased Sangeeta was solemnized with Raju Pal on 5.5.2017, they demanded dowry as motorcycle from the deceased for which the deceased was being tortured by them and on 17.8.2018, they killed her by administering poison. According to postmortem report, cause of death could not be ascertained, viscera was preserved and according to F.S.L. report, orgenophosphorous insecticide poison was found in the body of deceased.

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It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law of deceased. Coaccused namely Jai Ram Pal has been granted bail by coordinate Bench of this Court vide order dated 28.3.2019 in Criminal Misc. Bail Application No. 11751 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 8.3.2019 (more than one month) 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

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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 Chandrawati Devi involved in Case Crime No. 419 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Kotwali, District Ghazipur 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 :- 15.4.2019 A. Singh

Chandrawati Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chandrawati Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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