Allowed

Smt. Dhan Devi v. State of U.P.

Allahabad HC19 Nov 2019BAIL/47566/2019

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A, 304-B IPC and the DLPS Act, the Single Judge held the case as fit for bail. The applicant was a mother-in-law charged in the suicide of the deceased. She was released on furnishing a personal bond and two sureties subject to specific conditions.

What did the court decide?

Released on bail upon furnishing personal bond and two sureties in like amount, subject to conditions regarding tampering with evidence and appearing in court.

Smt. Dhan Devi Vs State of U.P. — Domestic Violence | Allahabad HC (2019)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47566 of 2019

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Applicant :- Smt. Dhan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.,Pradeep Kumar Mishra

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, Learned counsel for the complainant, learned AGA and perused the record.

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Learned counsel for the applicant submits that the applicant is mother-in-law of the deceased. There was no dispute of demand of dowry. The applicant has not harassed or tortured the deceased. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. The applicant is a widow. In the postmortem report, the cause of death of the deceased has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. There is no direct evidence against the applicant. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. It has been further submitted that the applicant was living separate from the deceased and her husband in the same house. There is no criminal history of the applicant and she is in jail since 20.8.2019.

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Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that with regard to alleged incident an information was given by an unknown on 100 dial that one lady has been killed. The applicant and other co accused have harassed and tortured the deceased and prior to the alleged incident the brother of the deceased had gone to the house of the applicant in the morning to satisfy the applicant and other co-accused with regard to dowry. The applicant and other co accused have committed the alleged offence, therefore, applicant is not entitled for bail.

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Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

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Let the applicant Smt. Dhan Devi involved in Case Crime No.248 of 2019, under Section 498-A, 304-B IPC and 3/4

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D.P.Act, Police Station Bilsi District Budaun 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 will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and she will cooperate with the trial.

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The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 19.11.2019 Gss

Smt. Dhan Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Dhan 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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