Allowed

Usha Singh @ Snehlata v. State of U.P.

Allahabad HC15 Feb 2019BAIL/2644/2019

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Usha Singh, an elderly accused in a dowry-related death case. The court found the applicant to be a fit person for bail with the condition of furnishing personal bond and sureties, subject to standard bail conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions.

Usha Singh @ Snehlata Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2644 of 2019

¶3

Applicant :- Usha Singh @ Snehlata Opposite Party :- State Of U.P. Counsel for Applicant :- Ajay Kumar Srivastava,Atul Kumar Singh,Shashank Khare Counsel for Opposite Party :- G.A.,Arvind Kumar Rai

¶4

Hon'ble Aniruddha Singh,J.

¶5

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶6

According to prosecution case, F.I.R. was lodged by the informant against five accused persons namely, Ashish Singh (husband), Dr. Vinay Singh (father-in-law), Usha Singh (mother-in-law), Madhu Singh (nanad) and Shikha Singh (nanad) alleging that the marriage of deceased Gunja Singh was solemnized with Ashish Singh on 23.4.2017, they demanded dowry as rupees seven lacs from the deceased for which the deceased was being tortured by them and on 18.4.2018 they killed Gunja by administering poison. Dying declaration was recorded by the police officials and she stated that Ashish Singh (husband), Dr. Vinay Singh (father-in-law) are responsible for her death. According to postmortem report, cause of death could not be ascertained and viscera was preserved. According to viscera report, aluminium phosphate was found on the body of deceased

¶7

It is submitted by learned counsel for the applicant that applicant is the old age lady and mother-in-law. The applicant is innocent and has been falsely implicated in the present case. According to statement of deceased, main role was assigned to co-accused Ashish Singh and Dr. Vijay Singh. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Demand of dowry as rupees seven lac was false. Offences levelled against the applicant are not attracted in the present matter. She is not beneficiary of alleged demand dowry. She is languishing in jail since 19.11.2018 (near about three 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.

¶8

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.

¶9

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

¶10

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.

¶11

Let the applicant Usha Singh @ Snehlata involved in Case Crime No. 219 of 2018, under Sections 498-A, 304-B, 504 IPC and Section 3/4 Dowry Prohibition Act, P.S. Shivpur, District Varanasi 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:

¶12

The applicant will not tamper with the evidence during the trial.

¶13

2.The applicant will not pressurize/ intimidate the prosecution witness.

¶14

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶15

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.

¶16

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.

¶17

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

¶18

Order Date :- 15.2.2019 A. Singh

Usha Singh @ Snehlata v. State of U.P.

Case brief

What is this about?

What did the court decide?

Usha Singh @ Snehlata v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rita Devi Vs State of U.P.

Jitendra Kumar Batham Vs State of U.P.

Sumitra Devi Vs State of U.P.

Vishvnath Singh Vs State of U.P.

Smt. Hulla Devi Vs State of U.P.

Ram Khilari Vs State of U.P.