Allowed

Sharbati v. State of U.P.

Allahabad HC6 Sept 2022BAIL/32466/2022

Case brief

AI extract

What is this about?

In a bail application under Sections 304-B, 498-A, and 323 IPC, the Court allowed the release of the applicant, the mother-in-law of a deceased who committed suicide. The relief was granted subject to standard bail conditions including not tampering with evidence.

What did the court decide?

Release on bail by furnishing personal bond and two heavy sureties subject to conditions regarding evidence tampering, witness intimidation, and attending court appearances.

Sharbati Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32466 of 2022

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Applicant :- Sharbati Opposite Party :- State of U.P. Counsel for Applicant :- Govind Saran Hajela Counsel for Opposite Party :- G.A.,Sudhir Kumar Agarwal

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Hon'ble Subhash Chandra Sharma,J.

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Heard Sri Govind Saran Hajela, learned counsel for the applicant and Sri Sudhir Kumar Agarwal, learned counsel for the complainant as well as learned A.G.A. for the State and perused the record.

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It is submitted that in this case applicant is mother-in-law of the deceased and has been falsely implicated for making demand of dowry and harassment of the deceased who was wedded to her son. Further submitted that general allegation of demand of dowry and harassment has been made against all the members of her family including jeth and jethani. It is also submitted that deceased committed suicide by hanging on account of mutual dispute between husband and wife. No any physical injury was found on the person of the deceased except a ligature mark. There is no criminal history against the applicant who is aged about 60 years and she is in jail since 06.05.2022, therefore, requested for bail. In case she is released on bail, she will not misuse the liberty of bail and will co-operate in trial.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record 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.

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Let the applicant Sharbati involved in Case Crime No.142 of 2022, under Sections 304-B, 498-A, 323 I.P.C. & Section 3/4 D.P. Act, Police Station Thanabhawan, District Shamli, be released on bail on furnishing a personal bond and two heavy 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 pressurize/ intimidate the prosecution 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 commit an offence similar to the offence of which she is accused, or suspected of the commission of which she is suspected.

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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 him from disclosing such facts to the Court or 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 :- 6.9.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.09.08 17:21:29 IST Reason: Location: High Court of Judicature at Allahabad

Sharbati v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sharbati v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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