Allowed

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

Allahabad HC25 Nov 2022BAIL/48373/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal miscellaneous bail application filed by the mother-in-law of the deceased accused of dowry death. The court held that allegations were vague, the death was by suicide, the accused had no criminal history, and she posed no flight risk.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two reliable sureties subject to conditions of attendance and no tampering with witnesses.

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

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Court No. - 64

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48373 of 2022

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Applicant :- Smt. Renu Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Gaurav Srivastav Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This bail application has been filed by the applicant seeking bail in Case Crime No. 600 of 2022, under Sections 498-A, 304-B IPC and Section 3/4 of Dowry Prohibition Act, Police Station Etmaddaula, District Agra, during pendency of trial.

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Learned counsel for the applicant has submitted that the applicant is the mother-in-law of the deceased and has been falsely implicated in the present case due to ulterior motive. General and vague allegation of demand of additional dowry has been made against the applicant.

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Learned counsel for the applicant has next submitted that the applicant's son Abhishek was married to the victimdeceased on 16.02.2021 and she had 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.

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Learned counsel for the applicant has next drawn the attention of the Court to the post-mortem report, wherein the Doctor has noted that the cause of death to be asphyxia as a result of ante-mortem hanging and except a ligature mark, there is no injury on the person of the deceased.

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Learned counsel for the applicant has next submitted that victim in fact committed suicide by hanging herself and the applicant has absolutely no role to play in the said incident and only on account of being the mother-in-law of the deceased, she has been nominated as an accused in the present case.

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Learned counsel for the applicant has next submitted that the applicant is a lady and is in jail since 15.09.2022 and has no criminal history to her credit. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, she may be released on bail.

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Per contra, learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that applicant is the mother-in-law of the deceased and except general and vague allegation, no specific allegation has been made against the applicant. The applicant is a lady and is in jail since 15.09.2022 and has no criminal history to her credit.

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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 applicant is the mother-in-law of the deceased and her son Abhishek was married to the victim-deceased on 16.02.2021 and general and vague allegation of demand of additional dowry has been made against her. There is no specific allegation to show that the applicant tortured her, maltreated her or subjected her to cruelty for the non-fulfillment of demand of additional dowry. There is no specific evidence to show that the applicant, in any manner, is responsible for causing death of her daughter-in-law.

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Furthermore, as per the post-mortem report, the Doctor has noted that the cause of death to be asphyxia as a result of ante-mortem hanging and except a ligature mark, there is no injury on the person of the deceased. The applicant is a lady and is in jail since 15.09.2022 and has no criminal history to her credit. There is no chance of applicant 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 applicant has made out a case for bail. Let the applicant Smt. Renu Devi 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 applicant shall 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 applicant shall not tamper with the witnesses.

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The applicant shall 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 17:21:56 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

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