Allowed

Smt. Nirmala v. State of U.P.

Allahabad HC1 May 2019BAIL/18431/2019

Case brief

AI extract

What is this about?

In a bail application under Cr. Misc. BA No. 18431 of 2019, the Court considered the case of Smt. Nirmala, charged with dowry death and other offences. Finding her innocent based on lack of independent evidence and mere general allegations, the Court allowed the bail petition, imposing standard conditions including mandatory appearance and prohibitions on tampering with evidence or pressuring witn

What did the court decide?

The applicant Smt. Nirmala was released on bail on furnishing a personal bond and two sureties each in the like amount, subject to specific conditions of appearing in court, not tampering with evidenc

Smt. Nirmala 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. - 18431 of 2019

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Applicant :- Smt. Nirmala Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar 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 five accused persons namely, Ompal (husband), Sanju (jeth), Prempal (jeth), Kavita (jethani) and Nirmala (jethani) alleging that the marriage of deceased Priti was solemnized with Ompal before one and half years, they demanded dowry as rupees fifty thousand from the deceased for which the deceased was being tortured by them and on 24.1.2019 they killed her by setting her on fire pouring kerosene.

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It is submitted by learned counsel for the applicant that applicant is lady and sister-in-law (jethani) of deceased. 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 28.2.2019 (more than two 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. Nirmala involved in Case Crime No. 22 of 2019, under Sections 323, 504, 506, 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Binauli, District Baghpat be released on bail on furnishing a personal bond

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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 :- 1.5.2019

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A. Singh

Smt. Nirmala v. State of U.P.

Case brief

What is this about?

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Smt. Nirmala v. State of U.P.

Case brief

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