The Allahabad High Court allowed the bail application of Smt. Shanti Devi, summoned in a complaint case under Sections 498A IPC and Dowry Prohibition Act, regarding the death of her son-in-law due to cardiac arrest.
The applicant Smt. Shanti Devi was released on bail on personal bond and two local sureties subject to standard conditions.
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Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45977 of 2022
Applicant :- Smt. Shanti Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in complaint case No. 11408/2020, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Bilsi, District Budaun with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accusedapplicant is mother-in-law of deceased and she has not committed any offence. It was submitted that the marriage of deceased with son of applicant was solemnized on 11.07.2016. It was submitted that alleged incident has been shown of 14.07.2020 but at that time, no first information report was lodged and later on this complaint was filed against the applicant and co-accused persons. It was pointed out that in fact deceased has died due to cardiac arrest and in this connection, learned counsel has referred the medical certificate of deceased, copy of which, is available on record. Applicant has been summoned in a complaint case and no specific role has been assigned to her. Learned counsel has submitted that similarly placed co-accused Viliyam, who is father-in-law of deceased, has already been enlarged on bail by coordinate Bench of this Court, copy of which, is available on record. It has further been argued that the applicant is a lady and she is in judicial custody since 22.08.2022, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case,
nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Smt. Shanti Devi involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 15.11.2022 Anand
Digitally signed by ANAND VERMA Date: 2022.11.17 12:53:16 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a case for bail is made out considering the matured allegations and the nature of custody in a domestic dispute case.
Smt. Shanti Devi
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
