Allowed

Smt. Morshree @ Kusum Devi v. State of U.P.

Allahabad HC3 Jul 2019BAIL/34315/2018

Case brief

AI extract

What is this about?

In a criminal bail application under Sections 498A, 304B, 316 IPC, and Dowry Prohibition Act, the Court granted bail to the applicant despite the state's objection based on the viscera report, holding it as a fit case without expressing an opinion on merits.

What did the court decide?

Released on bail with a personal bond and two sureties upon furnishing approval for identity and residence proofs.

Smt. Morshree @ Kusum Devi Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34315 of 2018

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Applicant :- Smt. Morshree @ Kusum Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Shivajee Singh Sisodiya

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Hon'ble Umesh Kumar,J.

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Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Shivajee Singh Sisodiya, learned counsel for the informant, learned A.G.A. for the State and perused the material placed on record.

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Despite opportunity given to learned counsel for the informant on 11.9.2018 no counter affidavit has been filed.

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This bail application has been filed by the accusedapplicant, who is involved in Case Crime No. 534 of 2018, under Sections 498A, 304B, 316 I.P.C., and Section 3/4 of D.P. Act, Police Station- Baradari, District-Bareilly.

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Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case. It has been submitted that at the time of inquest no complaint/F.I.R. was lodged by the complainant; applicant is the mother-in-law of the deceased, deceased was brought to the hospital by her husband. It has been lastly submitted that applicant is languishing in jail since 26.5.2018.

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Learned A.G.A has vehemently opposed the prayer for bail submitting that as per viscera report death was caused due to poisoning.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Smt. Morshree @ Kusum Devi involved in the aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses,

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during the investigation or trial.

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She shall cooperate in the trial bonafidely without seeking adjournments.

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She shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 3.7.2019 S.Verma

Smt. Morshree @ Kusum Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Morshree @ Kusum 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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