Sona v. State of U.P.
Case brief
What is this about?
The Court granted bail to the applicant, who was accused of involvement in a dowry death, emphasizing her lack of prior criminal record and the eye-witness nature of the case where she has no direct benefit from dowry demands.
What did the court decide?
Release on bail with personal bond and two sureties, subject to conditions including appearance and non-intimidation of witnesses.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15669 of 2019
Applicant :- Sona Opposite Party :- State Of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri P.K. Rai, learned brief holder for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 24.9.2018 (after three days) by the informant against three accused persons namely, Mustikim (husband), Muniza (mother-in-law) and Gulshana (nanad) alleging that the marriage of deceased Sakra was solemnized with Mustki on 26.4.2018, they demanded dowry as motorcycle from the deceased for which the deceased was being tortured by them and on 21.9.2018 they killed her by setting her on fire pouring kerosene. Dying declaration was recorded, she stated that her husband poured kerosene oil with the help of other accused persons. She also stated that Sona (nanad) and Abrar (nandoi) were also indulged in this crime.
It is submitted by learned counsel for the applicant that applicant is lady and sister-in-law (nanad) of deceased. Coaccused namely Abrar has been granted bail by coordinate Bench of this Court vide order dated 11.4.2019 in Criminal Misc. Bail Application No. 14989 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. 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 with her husband. Deceased has committed suicide herself. She is languishing in jail since 6.3.2019 (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.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail considering her lack of criminal history and alleged innocence in the dowry death case.
Parties & counsel
- applicant
Sona
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/15669/2019
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