Laxmina v. State of U.P.
Case brief
What is this about?
Held bail application allowed citing Article 21 and Dataram Singh case. Applicant to be released on personal bond with conditions to conclude trial within a year after courts resume normal functioning.
What did the court decide?
Release of applicant on bail by furnishing personal bond and two sureties subject to specified conditions including personal appearance and trial conclusion within one year.
What the court decided
Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36409 of 2020
Applicant :- Laxmina Opposite Party :- State of U.P. Counsel for Applicant :- Arjun Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Arjun Singh Yadav, learned counsel for the applicant, learned A.G.A. and also perused the record.
The present bail application filed on behalf of Laxmina seeking her bail in connection with Case Crime No.215 of 2018, u/s 498A, 304B I.P.C. and Section 3/4 D.P. Act, P.S.-Husenganj, District-Fatehpur.
Submission of learned counsel for the applicant is that the applicant is the Jethani of the deceased. There is demand of one motorcycle and Rs.50,000/- as additional dowry. It is further contended that the applicant is a separate entity and could not be said to be a beneficiary of alleged additional demand of dowry in the shape of a motorcycle. It is also contended that coaccused Naresh has already been enlarged on bail by Coordinate Bench of this Court while deciding Bail Application No.36108 of 2020 vide order dated 5.11.2020 and the case of applicant stands on similar footing qua the co-accused Naresh, therefore, he is also entitled for bail on the principles of parity. The applicant is in jail since 03.4.2019 having no criminal antecedents.
Learned A.G.A. has opposed the prayer for bail.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving charges of dowry death and cruelty.
Whether the applicant can avail bail on principles of parity with a co-accused already released.
Parties & counsel
- applicant
Laxmina
- respondent
State of U.P.
Coram
Rahul Chaturvedi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/36409/2020
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