Smt Premabai v. State of U.P.
Case brief
What is this about?
Hon'ble Harsh Kumar,J. granted bail to Smt Premabai in a dowry death case involving Sections 498-A and 304-B I.P.C. citing co-accused bail and total facts.
What did the court decide?
Granted bail with personal bond and two sureties, subject to standard conditions of cooperation and non-tampering.
What the court decided
Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8063 of 2019
Applicant :- Smt Premabai Opposite Party :- State Of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that applicant has been falsely implicated for dowry death with general allegations being mother-in-law of deceased; that as per averments made in F.I.R. lodged by Narayan, his daughter Rashmi was married to Pradeep last year and was being treated with cruelty for non fulfilment of demand of Rs.50,000/- and motorcycle, as dowry and was put on fire after pouring kerosene by accused-persons; that no specific role has been assigned to applicant regarding demand of dowry or treating the deceased with cruelty for nonfulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for nonfulfilment of demand of dowry; that applicant may not be the beneficiary of Rs.50,000/- and motorcycle, allegedly demanded, as dowry; that applicant was living separately with her handicapped son Ram Lal, who is living with his family at Ketan, Haryana and came to village, only on getting information of death of Rashmi; that case of applicant is distinguishable from Pradeep, husband of deceased; that coaccused Bablu and Smt. Sukhwati have been granted bail by another Bench of this Court vide order dated 30.11.2018 passed in Criminal Misc. Bail Application No.41461 of 2018, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 9.6.2018.
Issues for consideration
2 issues framed by the court
Whether the applicant is a fit case for bail in a dowry death case.
Whether the complicity of the accused and severity of punishment preclude bail.
Parties & counsel
- applicant
Smt Premabai
- respondent
State Of U.P.
Coram
Harsh Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · February
- Registered
- Case no.
- BAIL/8063/2019
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