Allowed

Smt. Bhagwati Devi @ Bhagwati Devi v. State of U.P.

Allahabad HC18 Apr 2019BAIL/16040/2019

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed. The Single Judge held that in view of the applicant's lack of criminal history, the role of a co-accused having already been granted bail, and the period of custody, it was a fit case for bail in a dowry death case involving IPC 304-B and IPC 498-A charges.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties subject to standard conditions.

Smt. Bhagwati Devi @ Bhagwati 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. - 16040 of 2019

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Applicant :- Smt. Bhagwati Devi @ Bhagwati Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Pandey 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, Smt. Ladlee Pandey, 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 three accused persons namely, Binnami, Dilip and Bagawati Devi alleging that the marriage of deceased Arti was solemnized with Binnami, they demanded dowry as motorcycle, golden ring & chain and rupees fifty thousand from the deceased for which the deceased was being tortured by them and on 17.8.2018 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem hanging.

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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 Dilip has been granted bail by co-ordinate Bench of this Court vide order dated 7.2.2019 in Criminal Misc. Bail Application No. 3594 of 2019, since the role of the applicant is not distinguishable with the role of coaccused, 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. Deceased has committed suicide herself. She is languishing in jail since 1.9.2018 (more than seven 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

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is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Smt. Bhagwati Devi @ Bhagwati Devi involved in Session Trial No. 879 of 2018 as well as Case Crime No. 295 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Chhatari, District Bulandshahr 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 :- 18.4.2019 A. Singh

Smt. Bhagwati Devi @ Bhagwati Devi v. State of U.P.

Case brief

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Smt. Bhagwati Devi @ Bhagwati Devi v. State of U.P.

Case brief

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