Allowed

Smt. Dilwari v. State of U.P.

Allahabad HC9 Feb 2022BAIL/3091/2022

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed a criminal bail application filed by the mother-in-law of a suicide victim. The court noted the applicant's lack of criminal history and addresses of jail overcrowding during the pandemic as factors granting bail on a personal bond and sureties.

What did the court decide?

The applicant was enlarged on bail upon furnishing a personal bond and two sureties in the like amount, subject to specific conditions including no tampering with evidence or witnesses.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3091 of 2022

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Applicant :- Smt. Dilwari Opposite Party :- State of U.P. Counsel for Applicant :- Nasim Uddin,Hardev Prajapati Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Shri Hardev Prajapati, learned counsel for the applicant and learned AGA for the State.

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A first information report was lodged against the applicant as Case Crime No. 108 of 2021 at Police Station- Khajuria, District- Rampur under Sections 498A, 304-B, 323, 506 I.P.C. and Section 3/4 D.P. Act.

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The bail application of the applicant was rejected by learned Sessions Judge, Rampur, on 25.10.2021.

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The applicant is in jail since 23.09.2021, pursuant to the said F.I.R.

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Shri Hardev Prajapati learned counsel for applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the mother-in-law of the deceased. The deceased and her husband had strained relations. The applicant did not torture the victim nor did she make any demand of dowry. She had no concern or involvement in the domestic discord between the deceased and her husband. However as a parent, the applicant always tried to reconcile the deceased and her son and constantly counselled them to

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live amicably. The fact that the victim committed suicide is corroborated by the postmortem report. The postmortem report opines the cause of death as asphyxia due to hanging. There is a ligature mark caused by hanging. There is no antemortem injury on the body of the deceased. The applicant did not abet or instigate the deceased to commit suicide. The deceased was an obstinate and a temperamental lady. She was prone to disproportionate reactions even in minor matrimonial issues. These tendencies drove her to commit suicide. According to the learned counsel for the applicant, a practice has developed in matrimonial disputes of falsely roping in all family members in the criminal case regardless of their involvement in the matter out of vindictiveness. Apart from the instant case the applicant does not have any criminal history. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Shri Paritosh Kumar Malviya, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA for the State does not dispute the fact that the applicant does not have any criminal history apart from the instant case.

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Courts have taken notice of the overcrowding of jails

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during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Smt. Dilwari involved in Case Crime No. 108 of 2021 at Police Station- Khajuria, District- Rampur under Sections 498A, 304-B, 323, 506 I.P.C. and Section 3/4 D.P. Act. 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.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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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 shall not directly or indirectly make any inducement, threat or promise to any person

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acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 9.2.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.02.10 17:11:35 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Dilwari v. State of U.P.

Case brief

What is this about?

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Smt. Dilwari v. State of U.P.

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