Sushila Devi v. State of U.P.
Case brief
What is this about?
The Allahabad High Court rejected an anticipatory bail application moved by Sushila Devi in a dowry death case. The court held that considering the nature of accusation and facts, it was not a fit case to grant bail.
What did the court decide?
Refused the prayer for anticipatory bail under Section 438 Cr.P.C.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:211872
Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11802 of 2023
Applicant :- Sushila Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Mishra,Gyanesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
- Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
- This application has been moved on behalf of the applicant Sushila Devi seeking anticipatory bail in Case Crime No. 552 of 2023, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, Police Station- Banda, District- Shahjahanpur.
- The deceased was subjected to cruelty and harassment for demand of Rs.5000/- from her family members and when it was denied by the informant, dowry death of the deceased was caused in the house of her in-laws. FIR was lodged on 31.7.2023 against husband and mother-in-law of the deceased and investigation started, which is going on.
- It is submitted by the learned counsel for the applicant that the applicant is innocent and has no concern with the present matter. Allegations levelled against the applicant are false. It is further submitted that investigation is going-on and till date no chargesheet has been submitted against the accused applicant. It is further submitted that the applicant is the mother-in-law of the deceased and as per allegations made in the FIR a demand of Rs.5,000/- was only made by the in-laws and subsequently the dowry death was caused. It is further submitted that the prosecution story is not probable at all, the cause of death of the deceased has been found aphasia as a result of ante-mortem hanging and no injury except the ligature mark has been found over the body of the deceased. It is further submitted that the applicant has no criminal antecedent to her credit. She is a handicapped old lady having 40% disability. It is further submitted that she lives separately from the deceased and her husband and the deceased committed suicide for some unknown reasons. The applicant is cooperating with the
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the mother-in-law under Sections 498-A IPC and 304-B IPC in a dowry death case?
Whether the applicant's separate residence and lack of motive exonerate her from liability in the FIR under Sections 498-A IPC and 304-B IPC?
Parties & counsel
- applicant
Sushila Devi
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- ABAIL/11802/2023
Similar cases
Judgements on the same questions, provisions and authorities, from every court