Allowed

Shree Devi v. State of U.P.

Allahabad HC7 Sept 2020BAIL/21925/2020

Case brief

AI extract

What is this about?

The court allowed a bail application filed by an elderly accused in a dowry-related murder case. Despite the gravity of the charges including murder and arson by citing injuries and asphyxia, the court found it a fit case for bail without expressing an opinion on merits.

What did the court decide?

Bail granted with a personal bond and two sureties; conditions include no tampering with evidence, no threat to witnesses, and appearance in court.

Shree Devi Vs State of U.P. — Domestic Violence | Allahabad HC (2020)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21925 of 2020

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Applicant :- Shree Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Shree Devi in connection with Case Crime No.470 of 2019, under Sections 498-A, 304-B, 302 I.P.C. & Section 3/4 D.P.Act, Police Station Soron, District Kasganj.

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The first information report of this incident was lodged by the complainant regarding the death of his sister, Monica. It has been alleged in the first information report that inlaws of the deceased were demanding additional dowry and they were harassing the deceased. The sister of the complainant was done to death on 04.12.2019. The postmortem report reveals that the deceased was having injuries on her person. The cause of death was asphyxia as a result of ante-mortem throttling.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is an old lady and is suffering from age related ailments. He further submitted that the applicant was living separately, which is evident from the ration card of co-accused which shows that the applicant was living separately from his parents. He further submitted that general allegations have been levelled in the first information report and no specific role has been assigned to any of the accused. He submitted that the applicant is languishing in jail since 17.12.2019 and in case, she is released on bail she will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea but has not disputed the fact that general role has been assigned in the first information report and no specific role has been assigned to any of the accused.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Shree Devi involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity prof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 7.9.2020 R./

Shree Devi v. State of U.P.

Case brief

What is this about?

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Shree 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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