Smt. Leela Devi Vs State of U.P.

Neutral Citation No. - 2023:AHC:128670

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19747 of 2023

Applicant :- Smt. Leela Devi Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar,Brajesh Kumar Counsel for Opposite Party :- G.A.,Mamta Sen,Pushpendra Singh Niranjan

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Hon'ble Sameer Jain,J.

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Heard Sri Sunil Kumar, learned counsel for the applicant, Ms. Mamta Sen, learned counsel for the informant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 131 of 2022, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police StationAit, District- Jalaun, during pendency of the trial in the court below.

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FIR of the present case was lodged on 15.12.2022 against the applicant and her family members including husband of the deceased and according to the FIR, marriage of the daughter of the informant was performed with the son of the applicant on 21.04.2021 and at the time of marriage, son of the applicant i.e. husband of the deceased demanded Rs. 10,000,00/- and his demand was fulfilled but after marriage, applicant and her son and her other family members started pressurizing the deceased to alienate the property in the name of her husband and only due to this reason, on 12.12.2022 they forcibly administered her some poison and due to that deceased died in the night of 13/14.12.2022.

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Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased and only on the basis of general allegation, she has been made accused in the present matter and in the FIR, there is specific allegation of demand of dowry of Rs. 10,000,00/- against the husband of the deceased. He further submitted that some dispute arose between husband and wife and due to that reason, deceased consumed some poisonous substance and after that she was taken to hospital by her husband but in spite of best medical treatment, she expired and her medical prescription

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and other documents have been appended as Annexure No. 2 to the affidavit. He further submitted that applicant is a lady and she is in jail since March, 2023.

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Per contra, learned AGA as well as learned counsel for the informant vehemently opposed the prayer for bail and submitted that applicant is mother-in-law of the deceased and there is also allegation of demand of dowry and torture against her but both the counsels could not dispute the fact that there is specific allegation of demand of dowry against the husband of the deceased and from the post-mortem report, cause of death could not be ascertained and viscera was preserved but till today, no viscera report is available on record.

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

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Although, it appears from the record that daughter-in-law of the applicant died under abnormal circumstances within seven years of her marriage and there is also allegation of demand of dowry but from perusal of the FIR, it appears that there is specific allegation against the husband of the deceased with regard to the demand of dowry of Rs. 10,000,00/- and applicant is mother-in-law and on the basis of general allegation, she has been made accused in the present matter and in paragraph nos. 12,13,14 applicant specifically stated that when deceased consumed some poisonous substance then her son i.e. husband of the deceased admitted her in the hospital and a considerable amount of money has been spent by the husband of the deceased in the treatment of the deceased, therefore, considering the facts and circumstances of the case, particularly the fact that applicant is mother-in-law of the deceased, in my view, applicant is entitled to be released on bail.

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8.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. Leela 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

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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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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 26.6.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

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

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

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