Allowed

Babli and Another v. State of U.P.

Allahabad HC25 Nov 2022BAIL/48291/2022

Case brief

AI extract

What is this about?

This High Court order grants bail to Babli and Daya Ram, accused of dowry harassment and cruelty leading to the death of their son's wife. The court noted the absence of injuries, the cause of death being cardio-respiratory arrest, and the applicants' clean criminal record as grounds for release. The application is allowed subject to standard conditions.

What did the court decide?

Release of the applicants on bail by furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court.

Babli and Another Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2022)

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48291 of 2022

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Applicant :- Babli And Another Opposite Party :- State of U.P. Counsel for Applicant :- Gambhir Singh,Amit Kumar Verma Counsel for Opposite Party :- G.A.,Alok Kumar Singh

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State, Shri Alok Kumar Singh, learned counsel for the first informant and perused the record.

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This bail application has been filed by the applicants seeking bail in Case Crime No. 177 of 2022, under Sections 498-A, 323, 504, 506, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Jani, District Meerut, during pendency of trial.

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Learned counsel for the applicants has submitted that applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.

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Learned counsel for the applicants has next submitted that applicants are the mother-in-law and father-in-law of the deceased respectively and their son Pravendra was married to the victim-deceased on 20.11.2021. The applicants had never demanded any additional dowry either from the victim-deceased or her family members nor had ever tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of demand of additional dowry.

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Learned counsel for the applicants has next submitted that on the basis of general and vague allegation, instant FIR has been lodged against the applicants and the applicants, being the mother-in-law and father-in-law of the deceased, have been falsely implicated in the present case.

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Learned counsel for the applicants has next submitted that victim suffered medical problem on 16.05.2022 and she was immediately rushed to Reeta Multi Speciality Hospital and Trauma Centre, Shobhapur, Meerut for her treatment by applicant no. 2, however, she could not

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survive and was declared dead on 17.05.2022 at 3:00 AM.

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Learned counsel for the applicants has next drawn the attention of the Court to the prescription of the victimdeceased, which has been annexed as Annexure No.4 to the present bail application. Perusal of the said document shows that victim in fact died on account of Cardio Respiratory Arrest. Even in the post-mortem report, no injury has been found on the person of the deceased and Doctor has noted that the cause of death could not be ascertained and as such, viscera was preserved.

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Learned counsel for the applicants has next submitted that the younger daughter of the first informant (younger sister of the deceased) Shivani had been married to Gaurav, younger son of the applicants on 20.06.2022 and is leading a happy married life.

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Learned counsel for the applicants has next submitted that the applicants are in jail since 19.05.2022 and have no criminal history to their credit and charge-sheet has already been submitted. There is no chance of applicants fleeing away from judicial process or tampering with the witnesses, as such, they may be released on bail.

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Per contra, learned AGA as well as learned counsel for the first informant has vehemently opposed the prayer for bail but could not dispute the aforesaid facts and the fact that except general and vague allegation, no specific allegation has been made against the applicants.

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Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that applicants are the mother-in-law and fatherin-law of the deceased respectively and their son was married to the deceased on 20.11.2021. It is stated that the applicants never demanded any additional dowry either from the victim-deceased or her family members nor ever tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of demand of additional dowry. On the basis of general and vague allegation, instant FIR has been lodged against the applicants.

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Perusal of prescription of the victim-deceased shows that victim in fact died on account of Cardio Respiratory Arrest. As per the post-mortem report, Doctor has noted that the cause of death could not be ascertained and as such, viscera was preserved, however, there is no mark of injury

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on the person of the deceased.

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Furthermore, younger daughter of the first informant (younger sister of the deceased) Shivani had also been married to Gaurav, younger son of the applicants on 20.06.2022 and is leading a happy married life. The applicants are in jail since 19.05.2022 and have no criminal history to their credit and charge-sheet has been submitted. There is no chance of applicants 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 applicants have made out a case for bail. Let the applicants Babli and Daya Ram 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 applicants will 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 applicants will not tamper with the witnesses.

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The applicants will 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 :- 25.11.2022 Nadim

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Digitally signed by NADIM ALAM Date: 2022.11.25 17:26:04 IST Reason: Location: High Court of Judicature at Allahabad

Babli and Another v. State of U.P.

Case brief

What is this about?

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Babli and Another v. State of U.P.

Case brief

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