Smt. Radhika v. State of U.P.
Case brief
What is this about?
Court granted bail to the accused in a dowry death case involving cheating and cruelty accusations, emphasizing the lack of evidence against her specific role.
What did the court decide?
Released on bail with conditions regarding cooperation with trial and non-tampering with evidence.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3989 of 2019
Applicant :- Smt. Radhika Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for causing dowry death with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. lodged on 20.10.2018 by Shyam Singh, his daughter Suman was married to Vishal on 21.6.2018 and since after marriage she was being treated with cruelty for non-fulfilment of demand of Rs.3.00 lakh as dowry and on 20.10.2018 she was strangulated to death; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for nonfulfilment of demand of dowry; that applicant may not be beneficiary of Rs.3.00 lakh alleged demanded as dowry; that the information of serious condition of deceased was given by applicant to first informant, as has been stated in her statement under Section 161 Cr.P.C; that postmortem report of deceased states that she died due to asphyxia as a result of ante-mortem hanging and there is no other injury on her body except ligature mark and minor contusion of 1.5 x 1 cm, which is negligible; that there may be dispute between husband and wife on account of which deceased might have been hanged or committed suicide by hanging herself; that applicant did not cause dowry death of his daughter-in-law; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 30.10.2018.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit case for bail in a case alleging dowry death.
The conditions under which the applicant may be released on bail.
Parties & counsel
- applicant
Smt. Radhika
- respondent
State Of U.P.
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · April
- Registered
- Case no.
- BAIL/3989/2019
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