Nattho Devi v. State of U.P.
Case brief
What is this about?
This bail application in a dowry death case involving the applicant, who was languishing in jail for over three months, was allowed by the court, finding it a fit case for bail.
What did the court decide?
Bail allowed; applicant released on bond with two sureties subject to conditions not to tamper with evidence or intimidate witnesses.
What the court decided
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3624 of 2019
Applicant :- Nattho Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Devendra Tiwari Deva Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.) learned counsel appearing for for the State and perused the record.
According to prosecution case, F.I.R. was lodged against three accused persons, namely, Naresh Kumar (husband), Tikaram (father-in-law) and mother-in-law alleging that on 30.6.2017 Vimla daughter of the complainant was married with Naresh on 10.11.2016. For demand of dowry they killed her by burn injury.
Learned counsel for the applicant submitted that the applicant is mother-in-law of the deceased and she is an old lady and is languishing in jail since 25.10.2018 (more than three and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to all accused. This is a case of suicide. She has no concern with the demand of dowry and she is not beneficiary of the same. They are living separately. She has committed suicide herself. No injury was found on the body of the deceased except burn injury. There is no independent witness against the applicant. There is no eye witness account and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Issues for consideration
2 issues framed by the court
Whether the applicant should be granted bail in a case involving dowry death allegations under Section 304B IPC.
Whether the applicant has been falsely implicated and lacks criminal history warranting release on bail.
Parties & counsel
- applicant
Nattho Devi
Coram
Aniruddha Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/3624/2019
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