Vidhya Devi v. State of U.P.
Case brief
What is this about?
The Court granted bail to the applicant, an elderly mother-in-law accused of dowry death, noting her age-related ailments and first-time offense status during the trial of the FIR.
What did the court decide?
Release on bail with personal bond and two sureties each.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4476 of 2021
Applicant :- Vidhya Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 69 of 2020, under sections 498-A/304-B IPC, and 3/4 Dowry Prohibition Act, Police Station Dakore, District Jalaun and is in jail since 14.10.2020, is seeking enlargement on bail during the trial.
The first information report of this incident was lodged by the complainant about the death of her daughter who was married with Ajay on 09.07.2016. It was alleged in the first information report that the accused persons were demanding dowry from the deceased and it was further alleged in the first information report that accused persons gave poison to the deceased. Learned counsel for the applicant has submitted that the present accused is mother-in-law of the deceased and general allegation of demand of dowry was mentioned in the first information report. Learned counsel for the applicant has further submitted that the present accused is quite innocent and she has been falsely implicated in the present case. Learned counsel for the applicant has submitted that the present accused is an old lady of about 65 years of age and she is suffering from age related ailment. Learned counsel for the applicant submitted that the deceased had died due to consumption of salfaas and was admitted by her husband for treatment in the hospital she was referred to Jhansi Medical College where she died later on the brother of the deceased was witness of Panchayatnama and this report was lodged after 15 days of the incident.
Issues for consideration
3 issues framed by the court
Whether the applicant, accused in a case under Sections 498-A/304-B IPC and Dowry Prohibition Act suffering from age-related ailments, is entitled to bail during trial.
The conditions to be imposed on the bail of the applicant.
The procedure for verification of the court order by the trial court.
Parties & counsel
- applicant
Vidhya Devi
Coram
Ajit Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/4476/2021
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