Allowed

Kasturi Devi @ Kushth Devi v. State of U.P.

Allahabad HC15 Mar 2021BAIL/8609/2021

Case brief

AI extract

What is this about?

The single-judge High Court of Allahabad allowed a bail application for Kasturi Devi, charged under Sections 498-A and 304-B IPC for causing the death of her daughter-in-law. Considering her age (62), lack of criminal record, role in caring for a young child, and the fact that the co-accused was already on bail, the court found no malafide motive or tampering risk. Bail was granted subject to stri

What did the court decide?

Release of applicant on bail upon furnishing personal bond and two sureties with conditions regarding trial attendance and conduct.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8609 of 2021

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Applicant :- Kasturi Devi @ Kushth Devi Opposite Party :- State of U.P. Counsel for Applicant :- Bhanu Prakash Verma Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard Sri Bhanu Prakash Verma , learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicant Kasturi Devi @ Kushth Devi a prayer to release him on bail in Case Crime No. 149 of 2020, under Sections 498-A. 304-B IPC and section 3/4 D.P. Act, Police Station-Rijor, District- Etah, during pendency of trial.

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The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Further argued that in the present case five persons are involved including the applicant who is mother-in-law. Next argued that in the present case only one injury was found on the person of deceased and according to post mortem examination report one ligature mark was found and cause of death is asphyxia as a result of hanging. The contention is that the deceased had a female child of two years and nobody is there to look after her as the father of the child is also in jail. The applicant is old aged lady aged about 62 years and she has not committed an offence. The co-accused who is father-in-law of the deceased namely Ishwari Prasad has been released on bail by another bench of this Court on 18.02.2021 in Crl. Misc. Bail Application No. 9044 of 2021. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 07.10. 2020 having no criminal history.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused has been released on bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of

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tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Kasturi Devi @ Kushth Devi be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.

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(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against her under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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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 the 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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Order Date :- 15.3.2021 RPD

Kasturi Devi @ Kushth Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kasturi Devi @ Kushth Devi v. State of U.P.

Case brief

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What did the court decide?

What the court decided

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