Allowed

Smt Suneeta Devi v. State of U.P.

Allahabad HC21 Apr 2023BAIL/12673/2023

Case brief

AI extract

What is this about?

This bail application, filed by a mother-in-law accused in a dowry death case involving suicide within seven years of marriage, was allowed. The court rejected counter-arguments regarding the alleged forged suicide note and held she was entitled to release.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties subject to standard conditions of appearance and conduct.

Smt Suneeta Devi 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. - 12673 of 2023

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Applicant :- Smt Suneeta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.,Neelam Singh Chauhan,Rakesh Kumar Singh Chauhan

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Hon'ble Sameer Jain,J.

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Short counter affidavit filed today on behalf of the informant is taken on record.

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Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant, Rakesh Kumar Singh, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 741 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Sikandara, District Agra during pendency of the trial.

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FIR of the present case was lodged against the applicant and her four other family members and according to the FIR the marriage of the daughter of the informant was performed with son of applicant in the year 2020 and after marriage her daughter was continuously being harassed by the applicant (mother-in-law) and her other family members including son-in-law of the informant for want of motorcycle, golden chain and ring. It is further mentioned in the FIR, on 06.10.2022 at about 6.00 PM applicant and her other family members committed murder of his daughter by strangulating her.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and applicant is the mother-in-law of the deceased and only due to this reason she has been made accused in the present matter and in fact neither applicant nor her family members tortured the deceased in any manner. He further submits that applicant and her family members never demanded any dowry either from the deceased or from the informant and actually deceased could not become mother in spite of the fact hat her marriage has been

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performed about two years before, therefore, due to this reason she committed suicide. He further submits that although she earlier two times conceived but she could not become mother. Learned counsel for the applicant further submits that during investigation Investigating Officer also procured a suicide note of the deceased, which has been annexed as Annexure-3 to the affidavit and according to the suicide note deceased committed suicide only due to the reason stated above and in the suicide note she specifically mentioned that she was never harassed by anyone including applicant. He further submits that applicant is lady and she is in jail since 17.01.2023 and post mortem report of the deceased also suggests that deceased died due to hanging.

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Per contra, learned AGA and learned counsel for the informant opposed the prayer for bail and submitted that deceased died within two years from her marriage under abnormal circumstances and there is also allegation of demand of dowry, therefore, considering the provisions of Section 113B of Indian Evidence Act, applicant, who is mother-in-law, should not be released on bail.

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Learned counsel for the informant further submits that alleged letter/suicide note, which has been annexed as Annexure-3 to the affidavit, was in fact not in the hand writing of the deceased and by placing forged letter a false defence has been set up by the applicant and till date there is no report of any hand writing expert, which can show that the alleged letter (Annexure-3) has in fact written by the deceased herself but he could not dispute the fact that the alleged letter is part of case diary and applicant is motherin-law and as per post mortem report deceased died due to hanging and hyoid bone of the deceased was found intact.

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

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Applicant is mother-in-law of the deceased and deceased died within seven years of marriage under abnormal circumstances and there is also allegation of demand of dowry but from the post mortem report it appears that deceased committed suicide and during investigation Investigating Officer procured a suicide note and from its perusal it appears that deceased committed suicide due to the reason that she was unable to become mother and twice she had miscarriage. Although, learned counsel for the informant disputed the genuineness of the alleged recovered suicide note but the suicide note is part of the case diary, therefore, in my view, applicant, who is mother-in-law, is entitled to be released on bail.

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Therefore, from the discussion made above, in view of this Court, it is a fit case to release the applicant 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 - Smt Suneeta Devi 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 his 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 anti-social 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 :- 21.4.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Smt Suneeta Devi v. State of U.P.

Case brief

What is this about?

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Smt Suneeta Devi v. State of U.P.

Case brief

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