Allowed

Maya Devi v. State of U.P. and 2 Others

Allahabad HC19 Jan 2023ABAIL/12061/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous application under Section 438 Cr.P.C., the Allahabad High Court granted anticipatory bail to the applicant, Maya Devi, charged under Sections 498-A, 306 IPC and the Dowry Prohibition Act. Bail was conditioned on furnishing a personal bond worth Rs. 25,000 and appearing before investigation authorities during the pendency of the trial.

What did the court decide?

Granted anticipatory bail for the limited period until the submission of the police report under Section 173(2) Cr.P.C., contingent upon a personal bond of Rs. 25,000/

Maya Devi Vs State of U.P. and 2 Others — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12061 of 2022

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Applicant :- Maya Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Prabhakar Awasthi,Manish Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

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This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.0006 of 2022, under sections 498-A, 306 I.P.C. read with Section 3/4 D.P. Act, Police Station Trilokpur, District Siddharth Nagar, during the pendency of trial.

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Facts in brief are that this applicant is mother-in-law of the deceased who committed suicide after 11 years of her marriage.

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It is submitted that in this case applicant is innocent and has falsely been implicated being mother-in-law of the deceased. No any demand of dowry or harassment was made of the deceased by this applicant but the deceased remained ill for long duration as a result she was under treatment that was the reason she committed suicide under depression. It is also submitted that the F.I.R. was challenged before this Court in Writ Petition No.4557 of 2022 in which protection was granted in favour of the applicant till the submissions of police report u/s 173(2) Cr.P.C. but on 16.11.2022 on account of nonappearance that petition was dismissed for non-prosecution. Therefore, the applicant is under apprehension of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

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Learned A.G.A. has opposed the prayer for anticipatory bail.

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Considering the facts and circumstances of the case, submission made by learned counsel for the applicant as well as learned A.G.A., from the perusal of record and without making any comment on the merit of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme

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Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

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In the event of arrest of the applicant- Maya Devi , shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make herself available for interrogation by a police office as and when required;

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(ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court or to any police office;

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(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 19.1.2023 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Maya Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Maya Devi v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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