Allowed

Smt. Mithlesh v. State of U.P

Allahabad HC11 Jun 2021BAIL/22331/2021

Case brief

AI extract

What is this about?

This single judge criminal bail application was heard virtually, where the applicant claimed false implication in matrimonial dowry-related offences. The court, noting the applicant's lack of criminal history and no risk of absconding or tampering, allowed the bail application upon execution of a personal bond with two sureties and adherence to standard conditions.

What did the court decide?

The applicant was ordered to be released on bail upon executing a personal bond and furnishing two sureties, subject to conditions against tampering with evidence and intimidation of witnesses.

Smt. Mithlesh Vs State of U.P — Domestic Violence | Allahabad HC (2021)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22331 of 2021

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Applicant :- Smt. Mithlesh Opposite Party :- State Of U.P Counsel for Applicant :- Sunil Vashisth Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Both the sides have been heard virtually.

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Applicant claims to have been falsely implicated in this case on several counts; prime being that two sisters had been married to the two sons of the applicant. Applicant being mother-in-law of the deceased and one of the two daughters of the informant, who was also living with the deceased in the same house, has stated that no such incident ever took place nor any demand of dowry was ever raised and this statement has been supported by none other than the informant himself, which goes to indicate that the applicant is absolutely innocent. In case, the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 05.03.2021.

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Learned A.G.A. has opposed prayer for bail.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Smt. Mithlesh involved in Case Crime No. 88 of 2021, under Sections - 323, 498-A, 304-B I.P.C. and Section - 3/4 Dowry Prohibition Act, Police Station - Nandgram, District - Ghaziabad be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

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The computer generated copy of such order shall be self attested by counsel of the party concerned.

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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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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel her bail.

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Order Date :- 11.6.2021 S Rawat

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Digitally signed by Justice Arvind Kumar Mishra Date: 2021.06.11 17:04:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Smt. Mithlesh v. State of U.P

Case brief

What is this about?

What did the court decide?

Smt. Mithlesh v. State of U.P

Case brief

What is this about?

What did the court decide?

What the court decided

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