In a bail application under Sections 498-A and 304-B IPC, this court held the case fit for bail and ordered the applicant's release on personal bond and two sureties after dispensing with standard judicial reasoning.
Release on bail with personal bond and two sureties on conditions to tamper with evidence, intimidate witnesses and appear in court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51435 of 2019
Applicant :- Smt. Maya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.,Arvind Prabodh Dubey,Ashok Kumar Giri
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned counsel for the complainant, learned AGA and perused the record.
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. As per post mortem report, the deceased died due to burn injury. The applicant has not committed the alleged offence. There is no direct evidence against the applicant. There is no dying declaration of 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 lady aged about 52 years. At the time of alleged incident she was living separate from the deceased and her husband. The husband of the deceased was doing job in Saudi Arabia. There was matrimonial dispute in between the deceased and her husband due to which the deceased committed suicide. The case of the applicant is distinguishable from the case of the husband of the deceased. The co accused Ram Chandra and Satish, father-in-law and devar of the deceased respectively, have already been released on bail by this court vide order dated 2.12.2019 in Cr. Misc. Bail Application No. 53317 of 2019, therefore, applicant is also entitled for bail. The applicant is in jail since 24.8.2019.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that 100 % burn injury was found on the body of the deceased. The deceased was harassed and tortured due to non fulfilment of demand of dowry. At the time of inquest, the applicant and other co accused left their house. The applicant has committed the alleged offence, therefore, she is not entitled for bail.
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.
Let the applicant Smt. Maya Devi involved in Case Crime No.179 of 2019, under Section 498-A, 304-B IPC and 3/4 D.P.Act, Police Station Ghughali District Maharajganj 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;
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 6.12.2019 Gss
2 issues framed by the court
Whether the applicant is entitled to bail in a case alleging torture and dowry harassment.
Whether the bond conditions prescribed are adequate to release the applicant on bail.
1 provisions across 1 enactments
Smt. Maya Devi
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
