Allowed

Sharda Devi v. State of U.P.

Allahabad HC22 Nov 2022BAIL/38832/2022

Case brief

AI extract

What is this about?

This is a bail application by Sharda Devi, mother-in-law of the deceased, in an IPC 498-A, 304-B and Dowry Prohibition Act murder case. The Court allowed bail, noting no specific torture allegations and presence of a similarly placed co-accused already on bail. Bail granted with sureties.

What did the court decide?

Released on bail on furnishing personal bond and two reliable sureties of the like amount subject to standard conditions.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38832 of 2022

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Applicant :- Sharda Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,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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This bail application has been filed by the applicant seeking bail in Case Crime No. 293 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jaswant Nagar, District Etawah, during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. She is the mother-in-law of the deceased and is living separately and has no concern whatsoever with day to day affairs of the deceased.

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Learned counsel for the applicant has next submitted that the applicant's son Abhishek was married to the deceased about two and half years ago and she had never demanded any additional dowry from the deceased or she had never tortured and maltreated the deceased. As per the post-mortem report, Doctor has noted the cause of death to be asphyxia as a result of hanging and in fact, it is suicidal.

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Learned counsel for the applicant has next submitted that in fact, the applicant has absolutely no role to play in the said incident and only on account of being the mother-inlaw of the deceased, she has been nominated as an accused in the present case.

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Learned counsel for the applicant has next submitted that similarly placed co-accused Ramesh (father-in-law of the deceased) has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 38879 of 2022 vide order dated 28.09.2022 and case of the applicant stands on the same footing as that of the co-

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accused, who has already been granted bail.

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Learned counsel for the applicant has next submitted that the applicant is a lady and is in jail since 22.07.2022 and has no criminal history to her credit. The charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, she may be released on bail.

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Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that applicant is the mother-in-law of the deceased and similarly placed co-accused Ramesh (father-in-law of the deceased) has already been granted bail by co-ordinate Bench of this Court. The applicant is a lady and is in jail since 22.07.2022 and has no criminal history to her credit.

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Having considered the rival submissions made by learned counsel for the parties and perusal of the record, it is evident that applicant is the mother-in-law of the deceased and her son Abhishek was married to the deceased about two and half years ago and general allegation of demand of additional dowry has been made against her. There is no specific allegation to show that the applicant tortured or maltreated the deceased for the non-fulfillment of demand of additional dowry and she is said to be living separately. There is no specific evidence to show that the applicant, in any manner, is responsible for causing death of her daughter-in-law.

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Furthermore, similarly placed co-accused Ramesh (father-in-law of the deceased) has already been granted bail by co-ordinate Bench of this Court. The applicant is a lady and is in jail since 22.07.2022 and has no criminal history to her credit. The charge-sheet has already been submitted and there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.

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In view of the aforesaid facts and circumstances, I am of the view that the applicant has made out a case for bail. Let the applicant Sharda Devi be released on bail in the aforesaid case on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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The applicant shall not tamper with the witnesses.

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The applicant shall not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The bail application is accordingly allowed.

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Order Date :- 22.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.22 16:48:59 IST Reason: Location: High Court of Judicature at Allahabad

Sharda Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sharda 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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