Allowed

Smt Anita Devi v. State of U.P.

Allahabad HC15 Feb 2022BAIL/4588/2022

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C. regarding a Section 304B dowry death case where the cause of death was unascertained and the husband was in custody, the bench allowed the release of the female applicant on bail subject to standard conditions prohibiting tampering with evidence and ensuring timely trial.

What did the court decide?

The applicant Smt Anita Devi was released on bail by furnishing a personal bond and two sureties subject to specific conditions regarding non-tampering with evidence and appearance in court.

Smt Anita 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. - 4588 of 2022

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Applicant :- Smt Anita Devi Opposite Party :- State of U.P. Counsel for Applicant :- Monu Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Atul Kumar Singh, Advocate holding brief of Sri Monu Upadhyay, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt Anita Devi, seeking enlargement on bail during trial in connection with Case Crime No. 231 of 2021, under Sections 498-A, 304B, 120B IPC and Section 3/4 D.P. Act, registered at P.S. Vishunpura, District Kushinagar.

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Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Smt. Pinki. The deceased committed suicide by consuming some poisonous substance and died. Although an abrasion was found by the doctor on her body but the cause of death could not be ascertained and viscera has been preserved. The viscera report is still awaited. Para 17 of the affidavit has been placed before the Court. It is argued that general and omnibus allegations have been levelled against all the accused persons including the applicant. Ashok Kharwar the husband of the deceased is in jail. The applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 22.10.2021.

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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 First Information Report and there are allegations against her.

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After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is a lady. The cause of death of the deceased could not be ascertained and viscera was preserved. The viscera report is still awaited. Ashok Kharwar the husband of the deceased is in jail.

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Looking to the facts and circumstances of this case, the nature

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of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant Smt Anita 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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i) 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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ii) 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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(iii) The applicant shall file an undertaking to the effect that she 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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(iv) 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 her 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 her, in accordance with law, under section 174-A I.P.C.

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(V) 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 proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.

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(vi) 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

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to cancel the bail and send the applicant to prison.

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The bail application is allowed.

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Order Date :- 15.2.2022 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by MOHAMMAD ARIF Date: 2022.02.15 14:15:53 IST Reason: Location: High Court of Judicature at Allahabad

Smt Anita Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Anita Devi v. State of U.P.

Case brief

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