Allowed

Lalmati Devi v. State of U.P.

Allahabad HC24 Jun 2021BAIL/15096/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application in a dowry-related criminal case. The applicant, an elderly lady with minimal specific allegations against her, was granted bail subject to personal bond, two sureties, and standard conditions regarding trial cooperation and non-interference with evidence. The order ensured the relief did not benefit other co-accused.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each of a like amount, subject to conditions of cooperation in trial, no tampering with evidence, and no unlawful activities.

Lalmati Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15096 of 2021

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Applicant :- Lalmati Devi Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pradeep Kumar Srivastava,J.

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Learned counsel for the applicant is virtually connected through video conferencing and learned A.G.A. is personally present in Court for the hearing of this case.

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Heard learned counsel for the parties.

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The present bail application has been filed by the applicantLalmati Devi with a prayer to enlarge her on bail in Case Crime No. 4 of 2021, under Sections 498-A, 304-B, 120-B IPC and Section 3/4 D.P. Act, Police Station Barhaj, District Deoria.

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Submission of learned counsel for the applicant is that as per allegation, on the instigation of the husband Anil Nishad, Gudiya and her husband strangulated the deceased on account of non fulfilment of dowry demand.

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Submission of learned counsel for the applicant is that the FIR itself reveals that there is only allegation against the accusedapplicant that she was also involved in the commission of offence but nothing specific has been alleged as has been alleged against the other accused persons. The accusedapplicant is aged about 75 years and is an old lady. She is in jail from the last about 6 months. Therefore, it has been submitted that she is entitled to be released on bail. She has no criminal history also. The accused-applicant is prepared to furnish the surety and bond and is giving undertaking that she will cooperate in trial.

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Learned A.G.A. has opposed the bail application and he has submitted that chargesheet has already been filed in the case.

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This fact has not been disputed that there is no specific allegation against the accused-applicant and she is aged about 75 years in age. The active involvement has been alleged against other four accused persons including the husband.

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Considered the submissions of both the sides. In the facts and

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circumstances of the case and also giving benefit of Section 437 Cr.P.C. as well as taking into consideration that the allegation against the accused-applicant is for the offence under Section 120-B IPC and without expressing any opinion on merit of the case, I find it a fit case to enlarge the applicant on bail. Let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant will co-operate with the 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 applicant 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.

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(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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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.

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It is clarified that this bail order would render no advantage to other four accused persons.

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Order Date :- 24.6.2021

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Jaswant

Lalmati Devi v. State of U.P.

Case brief

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Lalmati Devi v. State of U.P.

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