Allowed

Smt. Guddoo v. State of U.P.

Allahabad HC8 Dec 2022BAIL/50230/2022

Case brief

AI extract

What is this about?

In a criminal bail application arising from an alleged dowry death, the High Court granted bail to the applicant, noting the suicide by hanging, lack of criminal history, and that a similarly placed co-accused had already been released. Bail was allowed subject to standard conditions.

What did the court decide?

Released on personal bond and two sureties of like amount subject to specific conditions regarding court appearances and no adjournments.

Smt. Guddoo 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. - 50230 of 2022

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Applicant :- Smt. Guddoo Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Gupta,J.

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Learned A.G.A. has pointed out that he has filed counter afÏdavit in the Registry on 2.12.2022, however, the same is not on record. The photostat copy of which has been filed today is taken on record.

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

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Applicant- Smt. Guddoo seeks bail in Case Crime No. 105 of 2022, under Section 498-A, 304-B IPC and 3/4 of D.P. Act, P.S. Junawai, District- Sambhal.

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

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Learned counsel for the applicant has next submitted that the applicant’s son Pradeep was married to the deceased about one and half year back.

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Learned counsel for the applicant has next submitted that general and vague allegation of demand of additional dowry has been made against the applicant which is false, cooked up and concocted just to drag her in a criminal case.

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Learned counsel for the applicant has drawn the attention of the Court to the post mortem report of the deceased wherein the doctor has noted the cause of death to be asphyxia as a result of hanging. Except ligature mark, there is no other injury on the person of the deceased.

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Learned counsel fore the applicant has next submitted that on account of matrimonial dispute between husband and wife, the victim has committed suicide in which the applicant has no role to play.

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Learned counsel for the applicant has next submitted that similarly placed co-accused, Malkhan who is father-in-law of the deceased has already been granted bail by this Court in Crl. Misc. Bail Application No. 48746 of 2022 vide order dated 14.11.2022 and the case of the applicant stands on the same footing as that of co-accused who has already been granted bail by this Court.

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Learned counsel for the applicant has further submitted that the applicant is a lady and is in jail since 17.7.2022 and has no criminal history to her credit. The charge sheet has already been submitted. There is no chance of applicant fleeing away from the judicial process or tampering the evidence as such prima facie a case for bail is made out.

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Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts.

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Having considered the rival submissions made by learned counsel for both the parties and on perusal of record, it is evident that the applicant’s son Pradeep was married to the deceased about one and half year back. General and vague allegation of demand of additional dowry has been made against the applicant which is false, cooked up and concocted just to drag her in a criminal case. In the post mortem report, the doctor has noted the cause of death to be asphyxia as a result of hanging. Except ligature mark, there is no other injury on the person of the deceased. Similarly placed co-accused, Malkhan who is father-in-law of the deceased has already been granted bail by this Court in Crl. Misc. Bail Application No. 48746 of 2022 vide order dated 14.11.2022 and the case of the applicant stands on the same footing as that of co-accused who has already been granted bail by this Court. The applicant is a lady and is in jail since 17.7.2022 and has no criminal history to her credit. The

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charge sheet has already been submitted. There is no chance of applicant fleeing away from the judicial process or tampering the evidence. In the backdrop of the said facts and circumstances prima facie a case for bail is made out.

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Let applicant- Smt. Guddoo be released on bail in the aforesaid case crime number on her 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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(1). 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.

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(2). 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 sufÏcient cause, the trial court may proceed against her under Section 229-A IPC.

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(3). 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 IPC.

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(4). 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 sufÏcient 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.

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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

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have any reflection on the ultimate merits of the case.

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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 :- 8.12.2022

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Digitally signed by RAM ASARE MORYA Date: 2022.12.08 17:18:22 IST Reason: Location: High Court of Judicature at Allahabad

Smt. Guddoo v. State of U.P.

Case brief

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Smt. Guddoo v. State of U.P.

Case brief

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What did the court decide?

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