Allowed

Smt. Kusma v. State of U.P.

Allahabad HC11 Nov 2022BAIL/21548/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application of Smt. Kusma, accused in a dowry harassment and dowry death case. Finding a prima facie case for bail based on the general nature of allegations and lack of specific incriminating evidence against the applicant, the Court granted bail subject to various conditions.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond and two local sureties of like amount subject to four conditions.

Smt. Kusma Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21548 of 2022

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Applicant :- Smt. Kusma Opposite Party :- State of U.P. Counsel for Applicant :- Deenanath Mishra Counsel for Opposite Party :- G.A.,Ravindra Kumar

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No. 238/2021, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Sajeti, District Kanpur Nagar with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that the accusedapplicant is mother-in-law of deceased and she has not committed any offence. It was submitted that the marriage of deceased with son of applicant was solemnized about six months prior to the incident. It was submitted that only general allegations of dowry demand and harassment have been levelled against the applicant and co-accused persons and that no specific role has been assigned to the applicant. It was further submitted that the cause of death of deceased is ante-mortem hanging and except ligature mark, some superficial abrasions have been shown on the body of deceased. Learned counsel has submitted that similarly placed co-accused Ramjash, who is father-in-law of deceased, has already been enlarged on bail by coordinate Bench of this Court, copy of which has been annexed with the application. It has further been argued that the applicant is a lady and she is in judicial custody since 30.01.2022, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail and argued that deceased has suffered death within a short period of six months of her marriage. It was pointed out that there were injuries on the body of deceased. It was further submitted that there is evidence that applicant

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and co-accused persons were involved in harassment of deceased.

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Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant Smt. Kusma involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:

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The applicant will not tamper with the evidence during trial.

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The applicant will not pressurize/intimidate the prosecution witnesses.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

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In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.

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Order Date :- 11.11.2022 Anand

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Digitally signed by ANAND VERMA Date: 2022.11.11 18:09:43 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Kusma v. State of U.P.

Case brief

What is this about?

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Smt. Kusma v. State of U.P.

Case brief

What is this about?

What did the court decide?

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