Court allowed bail to Smt. Krishna Devi in a case involving Sections 498-A IPC and Section 304-B IPC, alleging dowry harassment and suicide, subject to personal bond and sureties.
Released on bail furnishing personal bond and two sureties complying with standard conditions.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25961 of 2022
Applicant :- Smt Krishna Devi Opposite Party :- State of U.P. Counsel for Applicant :- Onkar Nath 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.
Learned counsel for the applicant has submitted that she is innocent and has falsely been implicated in the present case for making demand of dowry and harassment of the deceased who was her daughter-in-law and committed suicide by hanging. Further submitted that the applicant being mother-in-law of the deceased has been roped in this case along with other members of her family. During postmortem the death of the deceased was found to be as a result of asphyxia due to hanging. No any physical injury except ligature mark was found on the person of deceased. It is also submitted that the deceased committed suicide on account of mutual dispute between husband and wife. She is languishing in jail since 28.4.2022 as having no any criminal antecedent and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, 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- Smt. Krishna Devi, involved in Case Crime No.79 of 2022, under Sections 498-A,323,304-B I.P.C and 3/4 D.P. Act, P.S. Aliganj, District Etah 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.
prosecution witness.
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 :- 30.8.2022 G.S
Digitally signed by GHAN SHYAM Date: 2022.09.06 11:44:13 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving dowry harassment and suspected suicide of the daughter-in-law.
Smt. Krishna Devi
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
