This order grants bail to an applicant implicated in a dowry-related case involving death. The court finds the applicant has made out a prima facie case, noting her mother-in-law status and parity with another co-accused already on bail.
Accused released on bail by executing a personal bond with two sureties once courts resume normal functioning.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35726 of 2021
Applicant :- Guddi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Avdhesh Narayan Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Guddi Devi with a prayer to release her on bail in Case Crime No.116 of 2021, under Sections 498A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, 1961, P.S. Kotwali Jalaun, District Jalaun during pendency of the trial.
It is argued by the learned counsel for the applicant that the applicant is innocent and she has been falsely implicated in the present case. The applicant is mother-in-law of the deceased. In the First Information Report allegations are same as alleged in the case of accused Ramesh. General allegations have been levelled against the applicant. No specific role has been assigned to the applicant. Learned counsel for the applicant next submitted that co-accused Ramesh Kumar has been granted bail by the coordinate Bench of this Court in Criminal Misc.Bail Application No.35623 of 2021 vide order dated 10.11.2021. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 18.06.2021 and in case she is enlarged on bail she will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Guddi Devi be released on bail in Case Crime No.116 of 2021, under Sections 498A, 304-B I.P.C. & Sectio 3/4 Dowry Prohibition Act, 1961, P.S. Kotwali Jalaun, District Jalaun, on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 7.12.2021/SKD
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Sections 498A, 304-B IPC and Dowry Prohibition Act.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶9
Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 · Who else cites this
2 provisions across 2 enactments
Guddi Devi
State of U.P.
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
