Allowed

Smt. Ramdhakeli v. State of U.P.

Allahabad HC27 May 2022BAIL/20599/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application challenging criminal proceedings under Sections 498A and 304-B IPC. The court, considering the nature of allegations and gravity of offence, held it to be a fit case for bail and granted release on personal bond with two sureties.

What did the court decide?

Applicant released on bail by executing personal bond and furnishing two sureties each with the court concerned.

Smt. Ramdhakeli Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20599 of 2022

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Applicant :- Smt. Ramdhakeli Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.,Rajesh Pachauri

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Smt. Ramdhakeli in connection with Case Crime No.33 of 2022, under Sections 498A, 304-B, 328, 323 I.P.C. & 3/4 D.P. Act, Police Station Kagaraul, district Agra.

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The first information report of this incident was lodged by the informant about the death of his daughter against six named persons including the applicant. It was alleged in the first information report that marriage of his daughter was solemnized with the son of applicant on 28.02.2020. It was also alleged that they had given sufficient dowry in the said marriage but in-laws of informant's daughter were not satisfied with the given dowry. It was also alleged that after marriage, the applicant and his family members have demanded Rs.1 lacs in cash and one four wheeler as additional dowry. It was alleged that due to nonfulfilment of demanded dowry the complainant's daughter was done to death by her in-laws.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant is an old lady, who is mother-in-law of the deceased and is suffering from age related ailments. He submitted that the applicant would not be the beneficiary in case of fulfilment of the demand of additional dowry. He submitted that the cause of death could not be ascertained. He submitted that family members of the applicant have taken the deceased to various hospitals for treatment. He submitted that the applicant is languishing in jail since 23.03.2022, hence she is entitled to be released on bail and she will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission 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, 2 , but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Smt. Ramdhakeli involved in the aforesaid crime

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be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court; iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 27.5.2022

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R./

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Digitally signed by RAJEEV KUMAR SACHDEVA Date: 2022.05.28 13:33:08 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Ramdhakeli v. State of U.P.

Case brief

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Smt. Ramdhakeli v. State of U.P.

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