Single judge allowed an application for bail in a dowry death case involving Sections 498-A and 304-B IPC. The court ordered release upon furnishing a bond without expressing an opinion on the merits.
Release on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16066 of 2019
Applicant :- Smt. Chameli Devi Opposite Party :- State Of U.P. Counsel for Applicant :- R.K.Paramhans Singh,Manish Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Smt. Chameli Devi, with a prayer to release her on bail in Case Crime No. 102 of 2018, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station Deogaon, District- Azamgarh, during pendency of trial.
Submission is that applicant is mother-in-law of the deceased. She has been generally implicated on the allegation that on account of demand of dowry, her daughter-in-law was put on fire and died on account of burning. Learned counsel for the applicant has submitted it has come in the statement of Parwati, mother of the deceased that after the deceased died, information was sent by phone and then her parents came to her house, where she was lying dead. It has been specifically averred in the affidavit in support of the bail application that the husband of the deceased was working at Mumbai and he had left for Mumbai on 25.5.2018 leaving behind deceased, who wanted to accompany him to Mumbai. Thereafter, she committed suicide putting herself on fire. There was no demand of dowry and the applicant or his family members never put her on fire. It has been submitted that the applicant is in jail since 11.7.2018. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, she does not deserves any indulgence. In case the applicant is released on bail she will again indulge in
similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.9.2019 Ruchi Agrahari
2 issues framed by the court
Whether the applicant should be released on bail in a case involving dowry death allegations during the pendency of the trial.
Whether the applicant furnishing a personal bond and sureties is a sufficient condition for granting bail without tampering with evidence.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶10
(2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Smt. Chameli Devi
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
