Allowed

Usha Devi v. State of U.P.

Allahabad HC25 May 2022BAIL/10713/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Usha Devi, mother-in-law of a deceased woman killed over dowry allegations. The court found that no specific act was assigned to the applicant and general allegations were made against others, deciding to grant bail on personal bond with sureties.

What did the court decide?

Prayer for bail granted; applicant released on personal bond and two local sureties subject to conditions of regular appearance in court.

Usha Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10713 of 2022

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Applicant :- Usha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.,Sanjeev Kumar Pandey

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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 entire record.

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The present bail application has been filed by the applicant in Case Crime No. 54 of 2021 under Sections 498-A, 304-B IPC and Sections 3/4 of the D.P. Act, Police Station - Nagla Singhi, District - Firozabad with the prayer to enlarge the applicant on bail.

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The First Information Report of this incident was lodged against as many as five persons besides the present applicant Usha. Allegation in the FIR is that the in-laws of the daughter of the complainant has murdered her for additional dowry.

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The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and she has been falsely implicated in the present case. It is submitted that the present accused applicant is mother-in-law of the deceased and further submission is that general allegations of demanding additional dowry have been levelled against all the accused. No specific allegation of demand of dowry has been levelled against the present accused. Nor any role of any overt act has been assigned to the present applicant and the deceased has died due to hanging. Lastly, it is argued that the applicant is in jail since 06.12.2021 and that in case applicant is enlarged on bail, she will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail. But he could not controvert the aforesaid submissions of the learned counsel for the applicant.

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Keeping in view the submission of learned counsel for the parties, considering that there are general allegation of demand of dowry, considering that no role of any overt act has been assigned to the present accused and considering the period of detention of the applicant and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.

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

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Let applicant Usha Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-

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(1). The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and the witnesses

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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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(2). The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of his absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code;

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(3). 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 may initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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(4). 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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Order Date :- 25.5.2022 LBY

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Digitally signed by LAL BAHADUR YADAV Date: 2022.05.27 16:10:44 IST Reason: Location: High Court of Judicature at Allahabad

Usha Devi v. State of U.P.

Case brief

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Usha Devi v. State of U.P.

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