Allowed

Smt Sheela Devi @ Savitri Devi v. State of U.P.

Allahabad HC20 Sept 2022BAIL/33450/2022

Case brief

AI extract

What is this about?

Bail application allowed in a case concerning dowry harassment and death. Court viewed the applicant's allegations of false implication and natural death tentatively, emphasizing no need to express an opinion on merits before granting bail with standard conditions.

What did the court decide?

Release on bail upon furnishing personal bond and two sureties subject to specific conditions including no tampering with evidence or interference with prosecution witnesses.

Smt Sheela Devi @ Savitri Devi Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33450 of 2022

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Applicant :- Smt Sheela Devi @ Savitri Devi Opposite Party :- State of U.P. Counsel for Applicant :- Satyendra Narayan Singh,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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

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It is submitted by learned counsel for the applicant that she is innocent and has been falsely implicated in the present case for making demand of dowry and harassment of the deceased, who was wedded to applicant's son. Further submitted that being mother-in-law of the deceased she has been roped in this case with false allegation. It is also submitted that the deceased died natural death. During postmortem no any injury was found on her person and viscera was preserved, but in viscera nothing was found. It is also submitted that the deceased was ill and was taken for treatment, in the way she died, but the in mates of the deceased lodged this F.I.R. with false allegation of demand of dowry and harassment. Applicant is in jail since 06.06.2021. In case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail.

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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.

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Let the applicant Smt. Sheela Devi @ Savitri Devi involved in Case Crime No. 306 of 2021, under Sections 498-A, 304-B, I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Ekdil, District-Etawah 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 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 he is accused, or suspected of the commission of which he 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 :- 20.9.2022 Sunil Kr. Gupta

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Digitally signed by SUNIL KUMAR GUPTA Date: 2022.09.21 11:02:31 IST Reason: Location: High Court of Judicature at Allahabad

Smt Sheela Devi @ Savitri Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Sheela Devi @ Savitri Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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