Allowed

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

Allahabad HC5 Nov 2019BAIL/32002/2019

Case brief

AI extract

What is this about?

This judgment grants bail to Smt. Gomati Devi, accused in a dowry death and suicide case. The court observed that the applicant is the deceased's mother-in-law who was falsely implicated with no direct concern with the alleged demand. Bail is allowed on personal bond and surety.

What did the court decide?

Allowed release on personal bond and two heavy sureties subject to standard bail conditions including non-interference with evidence and witnesses.

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

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32002 of 2019

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Applicant :- Smt. Gomati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Singh,K.K. Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,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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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant is mother-in-law of the deceased. She has no concern with the present matter. She never raised demand of dowry nor cause cruelty with the deceased. A general role has been assigned to her. Referring to the contents of the FIR, it is further submitted that demand said to have been made in the matter may be connected with the husband. Applicant, who is old age lady could not be connected with the said demand. It is next contended that deceased committed suicide herself. The applicant has no criminal history. She is languishing in jail since 19.06.2019 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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On the other hand, learned AGA opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Smt. Gomati Devi involved in Case Crime No. 133 of 2019, under Sections 498-A, 306 IPC, P.S. Mahrajpur, District - Kanpur Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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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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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 prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 5.11.2019

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Sanjeet

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

Case brief

What is this about?

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

Case brief

What is this about?

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