Allowed

Shanti Devi W/O Rakesh Jaiswal v. State of U.P. Thru. Its Prin. Secy. Home

Allahabad HC10 Aug 2022/4366/2022

Case brief

AI extract

What is this about?

This order grants bail to Shanti Devi, an accused in a dowry death case under IPC and Dowry Prohibition Act, in Allahabad High Court. The court noted she is the mother-in-law of the deceased with no specific allegations against her and relies on the bail precedent for her husband. The applicant is released on personal bond and sureties with standard conditions to appear in court and not tamper wit

What did the court decide?

Applicant released on bail by executing a personal bond and two sureties in the like amount, subject to specific conditions regarding court appearance and cooperation.

Shanti Devi W/O Rakesh Jaiswal Vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 13

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4366 of 2022

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Applicant :- Shanti Devi W/O Rakesh Jaiswal Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Counsel for Applicant :- Jai Prakash Narain Tiwari Counsel for Opposite Party :- G.A.,Dilip Kumar Chaudhary,Dinesh Kr. Chaudhary

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Hon'ble Shamim Ahmed,J.

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Pleadings have been exchanged between the parties and are already on record.

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Heard Shri Jai Prakash Narain Tiwari, the learned counsel for the applicant, learned A.G.A. for the State as well as Shri Dinesh Kr. Chaudhary, the learned counsel for the complainant and perused the record.

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The applicant, Shanti Devi , has moved the present bail application seeking bail in Case Crime No. 91 of 2022, under Sections 498-A, 304-B, 323, 504, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Mankapur, District Gonda.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. The applicant is mother-in-law of the deceased. The deceased was an ambitious lady who had differences of opinion with her husband and was under depression as such she committed suicide by hanging. Further submitted that there is no specific allegation against the applicant. There are only general allegations of demand of dowry and harassment against her.

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Learned counsel for the applicant further submits that applicant is the mother-in-law of the deceased and she has no concern regarding demand of dowry. The entire allegations levelled by the prosecution is false and fabricated.

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Learned counsel for the applicant further submits that cause of death of the deceased is asphyxia as a result of ante mortem hanging. Except one ligature mark of size 31.0 c.m. x 2.0 c.m. there is no other injury found on the person of the victim. The deceased committed suicide due to minor dispute with her husband as she was under mental pressure.

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Learned counsel for the applicant further submits that the

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allegation regarding demand of dowry is false and fabricated. The applicant is not the beneficiary of the said demand of dowry.

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Learned counsel for the applicant further submits that on similar footing and on similar allegations the father-in-law of the deceased, who is the husband of applicant, namely Rakesh Jaiswal, has already been granted bail by a coordinate Bench of this Court vide order dated 16.05.2022 passed in Criminal Misc. Bail Application No. 4830 of 2022, therefore, the case of the applicant, who is mother-in-law and wife of the co-accused, Rakesh Jaiswal, is not on the worse footing than that of the coaccused, who has already been granted bail by this Court, therefore, the applicant is also entitled to be enlarged on bail on the ground of party by this Court sympathetically.

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Several other submissions regarding legality and illegality of the allegations made in the F.I.R. have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused, have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant undertakes that in case he is released on bail he will not misuse the liberty of bail and will cooperate in trial. It has also been pointed out that the applicant is not having any criminal history and she is in jail since 02.04.2022 and in the wake of heavy pendency of cases in the courts, there is no likelihood of any early conclusion of trial.

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Learned A.G.A. as well as the learned counsel for the complainant opposed the prayer for bail, but has not disputed that similarly circumstanced co-accused, Rakesh Jaiswal has already been granted 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, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that the applicant is the mother-in-law of the deceased and she is not beneficiary of demand of dowry as alleged by the prosecution; general allegation has been made against both the accused persons including the applicant; except one ligature mark no other injury found on the person of the victim; cause of death is

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asphyxia due to ante mortem hanging; similarly circumstanced co-accused, Rakesh Jaiswal, who is husband of the applicant and father-in-law of the deceased has already been granted bail; as well as considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the case of Dataram Singh vs. State of U.P. and another , reported in (2018) 3 SCC 22 , this Court is of the view that the applicant may be enlarged on bail.

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The prayer for bail is granted. The application is allowed.

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Let the applicant, Shanti Devi, involved in Case Crime No. 91 of 2022, under Sections 498-A, 304-B, 323, 504, 506 I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Mankapur, District Gonda, be enlarged on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

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(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

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(2) The applicant will personally appear on each and every date fixed in the court below and her personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

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(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(5) In case, the applicant misuses the liberty of bail and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.

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(6) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of her bail and proceed against her in accordance with law.

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(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

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(8) 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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It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merit of the case.

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Order Date :- 10.8.2022 Mustaqeem

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Digitally signed by MOHD MUSTAQEEM KHAN Date: 2022.08.12 11:52:36 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shanti Devi W/O Rakesh Jaiswal v. State of U.P. Thru. Its Prin. Secy. Home

Case brief

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Shanti Devi W/O Rakesh Jaiswal v. State of U.P. Thru. Its Prin. Secy. Home

Case brief

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