In a bail application under Section 438 Cr.P.C., the Court examined false allegations of dowry demands and suicide death. Finding no misuse of bail likelihood, the application was allowed with conditions including bond and sureties.
Applicant released on bail by furnishing personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17078 of 2022
Applicant :- Vimla Devi Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that she is innocent and has been falsely implicated in the present case being the mother-in-law of the deceased who was wedded to her son three years prior to the alleged incident in which she committed suicide by hanging in a rented room where she was living with her husband separately from the family member of this applicant. Further submitted that it is clear from the version of F.I.R. that the deceased was living with her husband in a rented room belonging to Ramsewak located at village Narayanpur. In this way the allegation of demand of dowry and harassment against this applicant is false and has been made with ulterior motive. In postmortem report cause of death was found to be asphyxia as a result of antemortem hanging. There is no criminal history against the applicant. She is languishing in jail since 25.1.2022 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vimla Devi involved in Case Crime No. 967 of 2021, under Sections 498-A, 304-B, 316 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Kotwali Farrukhabad, District Farrukhabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 2.9.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.09.05 17:06:14 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving dowry death and cruelty under IPC and Dowry Prohibition Act.
2 provisions across 2 enactments
Vimla Devi
Hon'ble Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
