Allowed

Rita Devi v. State of U.P.

Allahabad HC14 Feb 2019BAIL/4400/2019

Case brief

AI extract

What is this about?

The single judge allowed bail to Rita Devi, an accused with no criminal history, in a case involving dowry harassment and death under Sections 498-A and 304-B IPC. The court noted insufficient evidence and lack of connection with the deceased.

What did the court decide?

Release on bail on furnishing a personal bond and two sureties each, subject to mandatory conditions including appearance in court and non-interference with witnesses.

Rita Devi 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. - 4400 of 2019

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Applicant :- Rita Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,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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According to prosecution case, F.I.R. was lodged on 20.2.2018 by the informant against five accused persons namely, Gulab Chadra Ram, Smt. Rita, Akhilesh, Kaushal and Mandesh alleging that the marriage of deceased Kushum was solemnized with Akhilesh on 9.5.2017, they demanded dowry as money, T.V. and freeze from the deceased for which the deceased was being tortured by them and on 15.5.2018 they killed Kushum. According to postmortem report, cause of death could not be ascertained, viscera was preserved and according to F.S.L. report, aluminium phosphate was found on the body of deceased.

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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. He has no concern with deceased and her husband. There is general allegations against the applicant. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present matter. She is not beneficiary of alleged demanded dowry. She is languishing in jail since 26.11.2018 (more than two and half 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 Rita Devi involved in Case Crime No. 151 of 2018, under Sections 498-A, 304-B IPC and Section 3/4

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Dowry Prohibition Act, P.S. Madhuban, District Mau 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 :- 14.2.2019 A. Singh

Rita Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rita 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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