Allowed

Smt. Hulla Devi v. State of U.P.

Allahabad HC15 Feb 2019BAIL/2686/2019

Case brief

AI extract

What is this about?

In this bail application, the Court considered the case of an elderly accused facing charges of dowry harassment and culpable homicide. Accepting that there was no independent evidence and the applicant had a clean record, the Court allowed bail subject to standard conditions to ensure compliance and prevent obstruction of justice.

What did the court decide?

Released on bail upon furnishing a personal bond and two sureties each in the like amount, subject to standard conditions of not tampering with evidence or witnesses and ensuring appearance in court.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2686 of 2019

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Applicant :- Smt. Hulla 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, Sri Ravi Jha, Advocate holding brief of Sri Gaurav Singh Chauhan, learned counsel for the complainant as well as 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, Naresh (husband), Smt. Sona Devi(step mother-in-law), Pinto, Smt. Hulla (bua) and friend of Naresh alleging that the marriage of deceased Sapana was solemnized with Naresh in the year 2013, they demanded dowry from the deceased for which the deceased was being tortured by them and on 14.10.2018 they killed Sapana. Two children were born out of the wedlock of deceased and accused Naresh. According to postmortem report, cause of death is asphyxia due to antimortem hanging.

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It is submitted by learned counsel for the applicant that applicant is the old age lady and bua. The applicant is innocent and has been falsely implicated in the present case. There is general allegations against the applicant. She was living separately. Applicant has no concern with deceased and her husband. 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 is not beneficiary of alleged demanded dowry. She is languishing in jail since 15.10.2018 (near about five 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 counsel for the complainant opposed the prayer for bail.

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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

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allowed.

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Let the applicant Smt. Hulla Devi involved in Case Crime No. 1183 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, P.S. Khurja Nagar, 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 :- 15.2.2019 A. Singh

Smt. Hulla Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Hulla Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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