Heerawati v. State of U.P.
Case brief
What is this about?
The Single Judge allowed the co-widow's bail application in a case involving abetting suicide and dowry harassment, noting the nature of the offence and the applicant's character.
What did the court decide?
The applicant was released on bail upon furnishing a personal bond and two sureties in the like amount.
What the court decided
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31410 of 2022
Applicant :- Heerawati Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tripathi 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 this case for abetting the deceased to commit suicide who was her daughter-in-law. Further submitted that the marriage of the deceased took place eight years prior to the alleged incident with the son of the applicant and she was living separately with her husband. On account of mutual dispute between husband and wife, she committed suicide by hanging. In the postmortem, no any physical injury except ligature mark was found on the person of the deceased. She is languishing in jail since 2.5.2022 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.
Issues for consideration
1 issue framed by the court
Whether the applicant, accused of abetting suicide and dowry harassment, qualifies for bail.
Parties & counsel
- applicant
Heerawati
- respondent
State of U.P.
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/31410/2022
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