Allowed

Malwati @ Mala Devi and Another v. State of U.P.

Allahabad HC9 Dec 2019BAIL/51027/2019

Case brief

AI extract

What is this about?

The High Court, by a learned judge, granted bail to the applicants, mother-in-law and father-in-law of the deceased, accused under dowry-related provisions. The court held it was a fit case for bail without expressing opinion on merits.

What did the court decide?

Applicants released on bail by furnishing personal bond and two sureties each with conditions not to tamper with evidence or pressurize witnesses.

Malwati @ Mala Devi and Another 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. - 51027 of 2019

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Applicant :- Malwati @ Mala Devi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicants, learned AGA and perused the record.

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Learned counsel for the applicants submits that the applicants are mother-in-law and father-in-law of the deceased respectively. There was no dispute of demand of dowry. In the postmortem report, the cause of death of the deceased could not be ascertained, therefore, viscera was preserved. There is no viscera report on record. At the time of alleged incident the applicants were living separate from the deceased and her husband. The applicants have no concern with the alleged incident and have falsely been implicated in the present case. There is no direct evidence against the applicants. There is general allegation against the applicants and no specific role has been assigned to them. The case of the applicants is distinguishable from the case of the husband of the deceased. There is no criminal history of the applicants and are in jail since 25.7.2019.

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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 applicants Malwati @ Mala Devi and Khem Pal involved in Case Crime No. 249 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Bahjoi District Sambhal (Bheem Nagar) be released on bail on their 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 applicants will not tamper with the evidences.

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The applicants will not pressurize/intimidate the prosecution

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witnesses and will cooperate with the trial.

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The applicants 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 applicants.

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Order Date :- 9.12.2019

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Gss

Malwati @ Mala Devi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Malwati @ Mala Devi and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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