Manorma v. State of U.P.
Case brief
What is this about?
The High Court of Judicature at Allahabad allowed the bail application of an accused woman falsely implicated in a dowry death case where the deceased committed suicide by hanging without evidence of dowry harassment.
What did the court decide?
The applicant is released on bail on furnishing a personal bond and two sureties, subject to conditions regarding tampering with evidence, cooperation in trial, and execution of computer-generated ord
What the court decided
Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18483 of 2020
Applicant :- Manorma Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard Sri Janardan Prasad Tripathi, counsel for the applicant and learned A.G.A for the State.
The applicant is the mother-in-law of the deceased. There are general allegations in the FIR against the accused of causing the death of the deceased on account of non fulfilment of demand of dowry. No specific role has been assigned to the applicant in the alleged offence. It has been submitted that the applicant has been falsely implicated in this case. The deceased committed suicide by way of hanging. There is no other injury on the body of the deceased except the ligature mark on her neck. There is no evidence to show at this stage that the cruelty meted out that deceased and her harassment were connected to the demand of dowry. Unless it is proved the presumption under Section 113-B of the Evidence Act will not be attracted to this case. There is also no material on record to show that the alleged demand of dowry was communicated to the guardian of the deceased who is expected to fulfil the same. It is not a case of dowry death and a simple case of suicide. The applicant is in jail since 14.03.2020 and has no criminal history to her credit.
Learned A.G.A has opposed the bail application of the applicant.
Issues for consideration
3 issues framed by the court
Whether the applicant has made out a case for bail given the nature of the offence and evidence regarding complicity.
Whether the presumption under Section 113-B of the Evidence Act is attracted in a simple case of suicide.
Whether the applicant can be released on bail subject to furnishing a personal bond and two sureties.
Parties & counsel
- applicant
Manorma
Coram
Siddharth
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/18483/2020
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