Bail application of the accused mother-in-law allowed in a case involving allegations of dowry death and cruelty. Applicant alleged suicide and lack of benefit from dowry demand.
Release on bail by furnishing a personal bond and two local sureties, each of the like amount.
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Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55153 of 2022
Applicant :- Smt. Guddi Devi@ Asha Devi Opposite Party :- State of U.P. Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vipin Chandra Pandey, learned counsel for the applicant, Mr. K.P. Pathak, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant Smt. Guddi Devi@ Asha Devi with a prayer to enlarge her on bail in Case Crime No. 56 of 2022, under Sections 498-A, 304B IPC and 3/4 Dowry Prohibition Act, Police Station-Jaitpur, District Agra, during pendency of trial.
As per the prosecution case, an FIR has been lodged by father of the deceased with the allegations that the marriage of deceased was solemnized with the son of the applicant namely Pawan on 06.05.2019 with Hindu rights and rituals. After the marriage she was physically or mentally assaulted by the husband and his family members for additional demand of dowry of Rs. Ten Lacs. On 17.07.2022, the informant received an information with the fact that his daughter has been done to death by the husband and his family members.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is a 65 years old mother-in-law. As per post mortem report of the deceased cause of death is due to asphyxia as a result of ante mortem hanging and no any other internal or external injury found on the body of the deceased except the ligature mark. He further submits that the applicant neither raised any demand of additional dowry nor is to be benefited by the same. He further submits that deceased has committed suicide on a petty dispute between applicant's son and the deceased. He further submits that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, she shall not misuse the liberty of bail and the applicant is languishing in jail since 21.08.2022. Accordingly, she requests for bail.
Per contra, learned A.G.A. opposed the prayer for bail by contending that innocence of the applicant cannot be adjudged
at pre-trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .
Let the applicant involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) 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 sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) 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 of the Indian Penal Code.
(iv) 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 3.12.2022/Arti
Digitally signed by ARTI SHARMA Date: 2022.12.08 12:38:59 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Sections 498-A IPC and 304B IPC during the pendency of trial.
3 provisions across 2 enactments
Guddi Devi@ Asha Devi
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
