Allowed

Smt. Sunita v. State of U.P.

Allahabad HC30 Apr 2019BAIL/18123/2019

Case brief

AI extract

What is this about?

This judgment grants bail to Smt. Sunita, a female applicant accused in a dowry death case where her daughter-in-law was killed. The court considered her mother-in-law status, lack of independent witness against her, and clean criminal record.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties, subject to standard bail conditions including no tampering with evidence.

Smt. Sunita Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 77

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18123 of 2019

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Applicant :- Smt. Sunita Opposite Party :- State Of U.P. Counsel for Applicant :- Manoj Kumar Tripathi 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, 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 four accused persons namely, Mahak Singh @ Rinku, Gaje Singh @ Pinku, Sunita and Jugendra alleging that the marriage of deceased Rekha was solemnized with Mahak Sing before 6-7 years, they demanded dowry as car from the deceased for which the deceased was being tortured by them and on 3.3.2019 they killed her. According to postmortem report, cause of death was found asphyxia due to antemortem injury and ligature mark was found on her neck.

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It is submitted by learned counsel for the applicant that applicant is lady and mother-in-law. 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 15.3.2019 (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.

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

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Let the applicant Smt. Sunita involved in Case Crime No. 82 of 2019, under Section 306 IPC, P.S. Dhaulana, District

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Hapur 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 :- 30.4.2019

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A. Singh

Smt. Sunita v. State of U.P.

Case brief

What is this about?

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Smt. Sunita v. State of U.P.

Case brief

What is this about?

What did the court decide?

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