The High Court rejected a bail application filed by Sonmati, the mother-in-law of a deceased who died from strangulation. The court found no good and sufficient cause for bail in an offence under Section 498A and 304-B IPC.
Bail application rejected; trial directed to be concluded expeditiously.
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Court No. - 2 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 709 of 2020
Applicant :- Sonmati Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Applicant is the mother-in-law of the deceased; as per the prosecution case, the deceased was married to the son of the applicant 3 years ago; the deceased was strangulated to death by the husband and her in-laws; it is urged that all the family members and relatives have been named in the first information report; there is general allegations against the applicant; the demand of motorcycle and Rs. 2 lakh is not related to the inlaws; the case of the applicant is distinguishable from the case of the husband of the deceased; applicant is an old lady aged about 62 years and languishing in jail since 17.10.2019, hence the applicant may be released on bail.
Learned A.G.A. has vehemently opposed the prayer for bail contending that the allegation of strangulation is reflected from the postmortem report; hyoide bone is fractured; the marriage was of 3 years and she was harassed and tortured for dowry; it will not be in public interest to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Sonmati involved in Case Crime No. 265 of 2019, under Sections 498A and 304-B I.P.C. and 3/4 of D.P. Act, P.S. Kothibhar, District Maharajganj.
Accordingly, the bail application is rejected.
However, the trial court is further directed to expedite the trial of the aforesaid case and conclude the same expeditiously from the date of production of a certified copy of this order.
The Registrar General of this Court is directed to send a copy of this order to the learned trial court for compliance.
Order Date :- 22.1.2020 S.Prakash
1 issue framed by the court
Whether to grant bail to an applicant accused of dowry-related offences where there are allegations of strangulation and dowry harassment.
2 provisions across 2 enactments
Sonmati
Suneet Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
