Allowed

Kela Devi @ Kalan v. State of U.P.

Allahabad HC11 Feb 2019BAIL/4306/2019

Case brief

AI extract

What is this about?

This judgment allows a bail application filed by Kela Devi @ Kalan, accused in a murder case implicating false dowry and Section 498-A allegations. The court held it to be a fit case for bail after hearing submissions from both sides.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence, intimidating witnesses, and appearing before the trial court

Kela Devi @ Kalan Vs State of U.P. — Domestic Violence | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4306 of 2019

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Applicant :- Kela Devi @ Kalan Opposite Party :- State Of U.P. Counsel for Applicant :- Prabhakar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Supplementary affidavit filed today is taken on record.

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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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According to prosecution case, F.I.R. was lodged by the informant against four accused persons namely, Sonu, Dinesh, Kela Devi and Mukesh alleging that the marriage of deceased Hemlata was solemnized with Sonu on 21.7.2015, they demanded dowry as motorcycle from the deceased for which the deceased was being tortured and beaten by them and on 4.10.2018 they killed Hemlata. According to post-mortem report, cause of death is asphyxia due to throttling leading to coma.

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It is submitted by learned counsel for the applicant that applicant is the lady and mother-in-law. The applicant is innocent and has been falsely implicated in the present case. Applicant was living separately. She has no concern with deceased and her husband. Applicant was not beneficiary of alleged demand dowry. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. There is general role against the applicant. Offences levelled against the applicant are not attracted in the present matter. She is languishing in jail since 5.10.2018 (more than four 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 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 allowed.

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Let the applicant Kela Devi @ Kalan involved in Case Crime No. 197 of 2018, under Sections 498-A, 304-B IPC

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and Section 3/4 Dowry Prohibition Act, P.S. Bahadurgarh, District Hapur 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 :- 11.2.2019 A. Singh

Kela Devi @ Kalan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kela Devi @ Kalan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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