Criminal Misc. Bail Application filed by Malti Devi accused of dowry death under Sections 498-A, 304-B IPC. Court granted bail noting co-accused bail and fit case status without commenting on merits.
Released on bail subject to furnishing personal bond and two sureties and compliance with several conditions including cooperation with trial.
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. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8397 of 2019
Applicant :- Malti Devi Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Supplementary affidavit filed by learned counsel for applicant today in the Court, is taken on record.
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 Ravi Prakash Tiwari, his daughter Aradhana was married to Ashish about 05 years back and was blessed with a son Satyam, who is aged about 04 years and since after marriage she was being treated with cruelty for non fulfilment of demand of dowry and her death was caused by her husband and in-laws by putting her on fire and by the time first informant arrived, she had died; that entire prosecution story is absolutely false and incorrect; that no specific role has been assigned to applicant regarding demand of dowry or treating deceased with cruelty for non-fulfilment of demand of dowry; that applicant neither made any demand of dowry nor treated deceased with cruelty for non-fulfilment of demand of dowry; that real fact is that deceased Aradhana as well as her husband Ashish were detected HIV Positive and were suffering from above disease since last several years, on account of which, deceased was living under depression and either she accidentally caught fire at the time of cooking food or committed suicide by putting her on fire; that since deceased and her husband were HIV Positive, they were living separately in old house and applicant was living with her husband and other family members in another house; that co-accused Vinod Upadhyay @ Guddu Upadhyay and Shambhu Upadhyaya have been granted bail by this Court vide orders dated 23.1.2019 and 24.1.2019 passed in Criminal Misc. Bail Application Nos.961 of 2019 and 2344 of 2019, copies collectively filed at Annexure No.8; that applicant has no criminal history; that applicant undertakes that she will not misuse liberty of bail; that applicant is in custody since 8.11.2018.
Learned A.G.A. vehemently opposed prayer of bail in this case of dowry death within 7 years of marriage.
Upon hearing learned counsel and perusal of record and considering complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Malti Devi be released on bail in Case Crime No.352 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, P.S. Kothibhar, District Maharajganj on furnishing a personal bond and two sureties each in the like amount to satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that she is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 11.3.2019 Tamang
2 issues framed by the court
Whether applicant Malti Devi is fit case for bail in a dowry death prosecution.
Grants of bail to co-accused and their complicity in offense.
5 provisions across 3 enactments
Malti Devi
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Harsh Kumar
Parties & counsel
