Allowed

Smt. Saroj Devi v. State of U.P.

Allahabad HC8 May 2023BAIL/17906/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 498-A IPC read with Section 304-B IPC, the Allahabad High Court allowed the case of an old aged lady accused in a dowry death involving suicide. The court held that she had made out a case for bail due to her age and lack of specific role, without expressing an opinion on the merits.

What did the court decide?

The applicant shall be released on bail on furnishing a personal bond and two sureties subject to conditions not to tamper with evidence, influence witnesses, appear in court, and not induce or threat

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

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Neutral Citation No. - 2023:AHC:97990

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17906 of 2023

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Applicant :- Smt. Saroj Devi Opposite Party :- State of U.P. Counsel for Applicant :- Ramdhan Counsel for Opposite Party :- G.A.,Shiv Sharan Tripathi

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, Sri Shiv Sharan Tripathi, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The present bail application has been filed on behalf of applicant in Case Crime No. 559 of 2022, under Sections 498-A, 304-B of IPC and 3/4 D. P. Act, Police Station Akrabad, District Aligarh with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent old aged lady and she has been falsely implicated in the present case being mother-in-law of the deceased Sapna. It is further submitted that marriage of Sapna (deceased) was solemnized with the son of the applicant Gauri Shankar on 12.12.2021 and she committed suicide on 19.12.2022 by hanging herself. It is further submitted that since the husband of the deceased was doing job in Punjab, she regularly made pressure upon her husband to take her also in Punjab, he refused her wife as he has not been properly established there, deceased Sapna aggrieved and committed suicide herself by hanging. It is further submitted that no specific role has been assigned to the applicant. It is further submitted that applicant has neither demanded any additional dowry from the deceased nor tortured her. It is further submitted that as per the post-mortem report the cause of death was due to asphyxia as result of ante-mortem hanging. It is further submitted that applicant is languishing in jail since 29.12.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate assisted by learned counsel for the informant has opposed the prayer for grant of bail by contending that deceased died within one year of

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her marriage under suspicious circumstances in the house of the applicant. It is further contended that apart from the ligature mark, other injuries were also noted during post-mortem of the deceased.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, all attending facts and circumstances of the case and the fact that applicant is an old aged lady and no specific role has been assigned to her, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Smt. Saroj Devi in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 8.5.2023 AKT

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

Smt. Saroj Devi v. State of U.P.

Case brief

What is this about?

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Smt. Saroj Devi v. State of U.P.

Case brief

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