Allowed

Suraj Kali v. State of U.P.

Allahabad HC3 Oct 2023BAIL/2061/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the bail application of the mother-in-law of a deceased woman in a dowry death case, finding no convincing material to indicate tampering with evidence and releasing her on personal bond with sureties.

What did the court decide?

Released on bail furnishing personal bond and two sureties subject to specific conditions including non-tampering with evidence and appearing on trial dates.

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

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Neutral Citation No. - 2023:AHC:189638

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2061 of 2023

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Applicant :- Suraj Kali Opposite Party :- State of U.P. Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Suraj Kali , seeking enlargement on bail during trial in connection with Case Crime No. 324 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Lalganj, District Mirzapur.

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Learned counsel for the applicant argued that the applicant is the mother-inlaw of the deceased Smt. Shivali Devi. She has been falsely implicated in the present case. It is argued that the marriage of Shivali Devi the daughter of the first informant was solemnized with Deepak Singh the son of the applicant on 05.06.2019. It is further argued that general and omnibus allegations have been levelled against the applicant and all the accused persons. The doctor conducting the postmortem examination of the deceased did not find any external injury on any part of her body. The cause of death could not be ascertained and viscera was preserved which after its examination was found to contain Aluminum Phosphide. It is argued that Deepak Singh the husband of the deceased is in jail. The applicant is a lady and is entitled to the benefit of Section 437 Cr.P.C. The applicant has no criminal history as stated in para 21 and is in jail since 29.10.2022.

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Per contra, learned counsel for the State has opposed the prayer for bail and argued that the applicant is named in the first information report along with other accused persons and there are allegations against her in the first information report.

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After having heard learned counsel for the parties and perusing the record, it is apparent that the applicant is mother-in-law of the deceased. General and omnibus allegations have been levelled against the applicant and other accused persons in the first information report. The husband of the deceased is in jail.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Suraj Kali , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Order Date :- 3.10.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Suraj Kali v. State of U.P.

Case brief

What is this about?

What did the court decide?

Suraj Kali v. State of U.P.

Case brief

What is this about?

What did the court decide?

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