The court disposed of a criminal bail application filed by Smt. Lali in a case involving dowry harassment and death. The applicant was released on bail on furnishing personal bonds and sureties subject to standard conditions.
Released on bail on furnishing personal bonds and two sureties each subject to conditions.
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Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36439 of 2021
Applicant :- Smt. Lali Opposite Party :- State of U.P. Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This bail application has been filed with the prayer to release the applicant on bail in Case Crime No. 80 of 2021, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Badagaon District Jhansi during trial of the case.
Learned counsel for the applicant submits that no specific role is assigned to the accused in causing the death of the deceased. There is general allegation of demand of dowry and harassment for the same. The girl has died as a result of ante mortem hanging. The father-in-law of the deceased has been granted bail. The role of the present accused is identical to that of father-in-law. The accused is languishing in jail since 17.04.2021, hence prayer for bail is made.
Learned A.G.A. has opposed the bail application but he could not oppose the ground that the role of present accused and the co-accused getting bail by this Court earlier are identical.
The allegation in the first information report is that the motherin-law, father-in-law, husband, sister-in-law and brother-in-law were not satisfied with the dowry given in the marriage of the sister of the complainant. She was being harassed for the additional demand of Rs. 1,00,000/- in dowry. It is also mentioned in the first information report that the character of the husband of the deceased was not good and a few days prior to the incident he had beaten the deceased and on 09.04.2021 the deceased was alleged to be found hanging. In the post mortem report the death is shown to be caused as a result of ante mortem hanging. Though, viscera has been preserved but no report has been filed. The co-accused Mathoolal @ Deen Dayal, the husband of the present accused, has been released on bail by the coordinate Bench of this Court. As per first information report, no specific role has been assigned to the present accused.
After perusing the record in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, severity of punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial without going into the merits of the case, this Court is of the view that the applicant may be enlarged on bail.
The bail application is allowed.
Let the applicant Smt. Lali involved in Case Crime No. 80 of 2021, under Sections 498-A, 304-B I.P.C. and 3/4 D.P. Act, Police Station Badagaon District Jhansi be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
In case of breach of any conditions mentioned above, the trial court will be at liberty to cancel the bail of the applicant.
Order Date :- 15.12.2021 gp
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the nature of accusations and the role assigned in the FIR?
3 provisions across 2 enactments
Smt. Lali
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
