Allowed

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

Allahabad HC12 Oct 2022BAIL/45145/2022

Case brief

AI extract

What is this about?

The High Court granted bail to Smt. Vimla Devi, accused under Dowry Prohibition Act and IPC, finding her falsely implicated as an elderly mother-in-law. Bail was conditioned on regular court appearance, no adjournment seeking, and strict adherence to trial proceedings.

What did the court decide?

The applicant released on bail on personal bond with two sureties subject to strict conditions regarding court appearances and non-interference with trial witnesses.

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

¶1

Court No. - 64

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45145 of 2022

¶3

Applicant :- Smt. Vimla Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vijai Prakash Awasthi,Ajai Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.

¶6

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant submitted that the applicant is the mother-in-law of the deceased having no role to play in the matter nor she is the beneficiary of the alleged additional demand of dowry and is living separately. It is further submitted that the applicant is old and is suffering from old age ailments. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 1.6.2022. It has been pointed out that the applicant has no criminal history.

¶7

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

¶8

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

¶9

Let the applicant Smt. Vimla Devi involved in Case Crime No.77 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 of D.P.

¶10

Act, Police Station Kunwar Gaon, District Budaun be released on bail on her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.

¶11

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates 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.

¶12

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

¶13

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

¶14

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 proceed against him in accordance with law.

¶15

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

¶16

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶17

Order Date :- 12.10.2022 Dev/-

¶18

Digitally signed by DEV PRAKASH Date: 2022.10.18 11:37:02 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abu Salim Vs State of U.P.

Abdullah Vs State of U.P. and 3 Others

Omprakash Vs State of U.P.

Devendra Singh Vs State of U.P.

Vishnu Prajapati Vs State of U.P.

Ashok Kumar Vs State of U.P. and 3 Others