Allowed

Kamlawati v. State of U.P.

Allahabad HC18 Nov 2019BAIL/48736/2019

Case brief

AI extract

What is this about?

Criminal bail application filed in a death case involving allegations of dowry harassment and suicide. Court granted bail to the applicant upon furnishing sureties and bond, referencing the release of the father-in-law, without expressing opinion on merits.

What did the court decide?

Granted release on bail upon furnishing a personal bond and two sureties each in the like amount, subject to specific conditions regarding cooperation with the trial court and not tampering with evide

Kamlawati Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2019)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48736 of 2019

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Applicant :- Kamlawati Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, 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. In the postmortem report, the cause of death of the deceased has been shown asphyxia as a result of ante mortem hanging. The deceased has committed suicide herself. The applicant has no concern with the alleged incident and has falsely been implicated in the present case. The coaccused Radheyshyam Gupta, father-in-law of the deceased, has already been released on bail by another bench of this court vide order dated 5.11.2019 in Cr. Misc. Bail Application No. 46137 of 2019, therefore, applicant is also entitled for bail. The applicant is a lady having no criminal history and she is in jail since 13.6.2019.

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Per contra, learned AGA opposed the prayer 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 Kamlawati involved in Case Crime No. 149 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Sikrara District Jaunpur 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

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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 :- 18.11.2019

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Gss

Kamlawati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamlawati v. State of U.P.

Case brief

What is this about?

What did the court decide?

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