Allowed

Champa Devi v. State of U.P.

Allahabad HC27 Jan 2021BAIL/4515/2021

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 4515 of 2021, the Court, while referring to Data Ram case, granted bail to an elderly wife accused of dowry death charges, directing her to execute a personal bond with two sureties.

What did the court decide?

Granted bail to the applicant on personal bond with two sureties, subject to conditions of attendance, no tampering with witnesses, and no illegal activities.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4515 of 2021

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Applicant :- Champa Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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By means of this application, the applicant who is involved in Case Crime No. 261 of 2020, under sections 498-A/304-B IPC and 3/4 Dowry Prohibition Act, Police Station Jiyanpur, District Azamgarh and is in jail since 21.09.2020, is seeking enlargement on bail during the trial.

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The first information report of this incident was lodged by the complainant about the death of his daughter who was married with Mukesh Chauhan and it was alleged in the first information report that the daughter of the complainant was done to death by the accused persons in connection with demand of dowry. Learned counsel for the applicant has submitted that the present accused is quite innocent and she has been falsely implicated in the present case. The present accused is happens to be the mother-in-law of the deceased. general role of demand of dowry has been assigned in the first information report. The present accused is an old lady of about 60 years of age and she is suffering from age related ailment.

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He lastly submitted that the applicant has no criminal history and she is languishing in jail since 21.09.2020 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Champa Devi involved in the aforesaid case 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 continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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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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Order Date :- 27.1.2021 Vikram

Champa Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Champa Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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