Allowed

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

Allahabad HC18 Feb 2019BAIL/6929/2019

Case brief

AI extract

What is this about?

The bail hearing granted bail to the applicant, Smt. Kusum Devi, accused of dowry death. The court observed the applicant is a woman with no criminal history, lodged in jail for two and a half months, and was implicated while living separately from the accused husband, suspecting suicide.

What did the court decide?

Release on bail on furnishing personal bond and two sureties subject to standard conditions.

Smt. Kusum Devi Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6929 of 2019

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Applicant :- Smt. Kusum Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Sri Arun Kumar Singh, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.

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Heard learned counsel for the applicant, Sri Arun Kumar Singh, learned counsel for the complainant, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against five accused persons, namely, Vivek (Husband), Smt. Kusum Devi (mother-in-law), Smt. Pukkhan Devi (Jethani), Kuldeep (Jeth) and Bainkunth (Kakiya Sasur) alleging that on 24.11.2018 Rohani daughter of the complainant was married with Vivek Ghosh on 10.6.2017. For demand of Hero Honda and Rs.50,000/- they killed her by strangulation on 23.11.2018.

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Learned counsel for the applicant submitted that the applicant is mother-in-law of the deceased and she is a lady and is languishing in jail since 3.12.2018 (two and half months) having no criminal history. The applicant is innocent and has been falsely implicated in the present case. General role has been assigned to all accused. This is a case of suicide. Reason best known to her. She has no concern with the so called demand and she is not beneficiary of the same. They are living separately. She has committed suicide herself. There is no independent witness against the applicant. There is no eye witness account and in case he is released on bail, he 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 Smt. Kusum Devi involved in Case Crime No. 174 of 2018, under Section 498A, 304B, IPC and 3/4 of D.P.

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Act, Police Station-Erach, District-Jhansi 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 he is accused, or suspected, of the commission of which he 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 him 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 :- 18.2.2019 OP

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

Case brief

What is this about?

What did the court decide?

Smt. Kusum 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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