Allowed

Kamlesh v. State of U.P.

Allahabad HC19 Apr 2023BAIL/12222/2023

Case brief

AI extract

What is this about?

The court allowed bail to the applicant, the mother-in-law of the deceased, in a case involving charges of dowry death and cruelty. Despite allegations under Section 304-B IPC, the court found no specific charge against the applicant and noted her detention since late 2022, emphasizing the presumption under the Evidence Act does not preclude bail here.

What did the court decide?

Ordering the release of the applicant on bail by furnishing a personal bond and two sureties subject to standard conditions of appearing in court and not tampering with evidence.

Kamlesh Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12222 of 2023

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Applicant :- Kamlesh Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Tiwari Counsel for Opposite Party :- G.A.,Satyendra Kumar Singh

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today, is taken on record.

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Heard Sri Vinay Kumar Tiwari, learned counsel for the applicant, Sri Satyendra Kumar Singh, learned counsel for the informant and Sri Jhamman Ram, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release her on bail in Case Crime No.859 of 2022, under Sections 498A, 304-B, 323 and 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station Loni, District Ghaziabad during pendency of the trial.

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FIR of the present case was lodged against the applicant and her other family members including the husband and according to the FIR, marriage of the daughter of the informant was performed with the son of applicant in the year 2018 and after marriage applicant and her family members tortured the daughter of the informant for want of dowry of Rs.5,00,000/and a Honda City Car and on 2.6.2022 accused persons informed the informant that his daughter committed suicide by consuming poison and after information when informant arrived at the home of applicant then he found that without informing him cremation has been done by the in-laws of her daughter.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and

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applicant being mother-in-law of the deceased has falsely been implicated by the informant in the present matter. He further submits that applicant neither demanded any dowry nor she ever tortured the deceased.

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He further submits that deceased was having pregnancy of about 8 months but her pregnancy was unfortunately terminated and thereafter she faced number of complications and only due to this complication she died and applicant and his family members immediately rushed the deceased to the Hospital where Doctor declared her dead and immediately thereafter informant was informed by applicant's family and this fact has been admitted by the informant in the FIR itself. He further submits that after receiving information informant arrived at the house of applicant and with his consent cremation was done and he participated in the funeral of his daughter and after about two weeks, he moved application under Section 15(3) Cr.P.C. and on his application FIR of the present case was lodged.

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He further submits that applicant is lady and there is no specific allegation against her and she is in jail in the present mater since 22.12.2022.

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Per contra, learned AGA and the learned counsel for the informant opposed the prayer for bail and submitted that applicant is the mother-in-law and she actually tortured the deceased along with her other family members including the husband of the deceased and there is specific allegation of demand of Rs. 5,00,000/- and a Honda City Car and admittedly the daughter of the informant, i.e., daughter-in-law of applicant died within 7 years of marriage under abnormal circumstances and, therefore, considering the provisions of Section 304-B IPC and Section 113B Indian Evidence Act, applicant is not entitled to be released on bail.

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Learned counsel for the informant further submits that without informing the informant in hurry the dead body of his daughter was disposed of by applicant and her family members and this fact has specifically been mentioned by the informant in the FIR itself and there is no evidence on record which can show that informant ever participated in the funeral of the deceased but he could not dispute the fact that about two months prior to her death, she was pregnant and she begated a dead male child.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, deceased died within 7 years of marriage under abnormal circumstances and there was also allegation of demand of dowry but it appears that applicant is the mother-inlaw of the deceased and no specific allegation has been made against her and she is in jail since 22.12.2022.

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Therefore, from the discussions made above, in my view,applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Kamlesh be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 19.4.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Kamlesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamlesh v. State of U.P.

Case brief

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What did the court decide?

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