Allowed

Smt. Prema Devi v. State of U.P.

Allahabad HC7 Feb 2022BAIL/44801/2021

Case brief

AI extract

What is this about?

This High Court granted bail to the applicant, an elderly mother-in-law accused in a dowry death case. The court imposed strict conditions to prevent tampering with evidence, misuse of bail, and absence during critical trial stages, noting the deceased had no injuries and the husband was already in jail.

What did the court decide?

Release on bail subject to furnishing personal bond and two sureties with strict conditions regarding attendance and usage of liberty.

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44801 of 2021

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Applicant :- Smt. Prema Devi Opposite Party :- State of U.P. Counsel for Applicant :- Anurag Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Ram Kumar Pal, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

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Learned counsel for the applicant states that he has filed his memo of appearance in the office today i.e. 7.2.2022.

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Office is directed to trace out the same and place it on record and make a note on the order sheet about it.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Prema Devi, seeking enlargement on bail during trial in connection with Case Crime No. 455 of 2020, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, registered at P.S. Bilhaur, District - Kanpur Nagar.

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Learned counsel for the applicant argued that the applicant is mother-in-law of the deceased Smt. Alka. It is argued that general and omnibus allegations have been levelled against all the accused persons in the FIR being five in number, including the applicant. It is argued that the deceased committed suicide by consuming poison and died. As per the postmortem report, she has not received any external injury and the cause of death could not be ascertained and as such, viscera was preserved which, after analysis, was found to contain Zinc Phosphate poison. It is argued that the applicant is aged about 67 years and is suffering from several old age ailments. Paragraph 16 of the affidavit has been placed. It is further argued that the applicant was living separately from the deceased and her husband. The deceased and her husband were having a happy married life as is evident from the fact that one child was born from the wedlock who is as of now one year. Paragraph 22 has been placed before the Court. Learned counsel for the applicant argued that Vijay Singh, husband of the deceased is in jail. Learned counsel for the applicant has further argued that the applicant is a lady and is entitled to the benefit of Section 437 Cr.P.C. It is argued that the applicant is having no criminal history as stated in paragraph 29 of the affidavit and is in jail

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since 09.8.2021.

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Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the FIR and there are allegations against her, therefore, her bail application may be rejected.

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After having heard learned counsel for the parties and perusing the records, it is apparent that the applicant is mother-in-law of the deceased. The deceased has not received any bodily injury. Vijay Singh, husband of the deceased is in jail.

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Let the applicant - Smt. Prema Devi , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and

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proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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(Samit Gopal, J.)

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Order Date :- 7.2.2022 nd

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Digitally signed by NISITH DEY Date: 2022.02.08 12:02:26 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Prema Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt. Prema Devi v. State of U.P.

Case brief

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