In a bail application under Sections 498-A IPC and Dowry Prohibition Act, the High Court allowed bail to the applicant, observing it to be a fit case for bail without expressing an opinion on the merits.
Release on bail subject to personal bond and two sureties, complying with standard bail conditions.
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Neutral Citation No. - 2023:AHC:127079
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21294 of 2023
Applicant :- Ram Kumari @ Rajdulari Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned Government Advocate for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 319 of 2022, under Sections 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, Police Station Kakadev, District Kanpur Nagar, during pendency of the trial.
It has been contended by learned counsel for the applicant that the applicant is mother-in-law and has been falsely implicated in the present case. There are general allegations of demand of dowry against the applicant. It is further submitted that as per postmortem report, the cause of death is asphyxia due to ante-mortem hanging. It is a case of suicide and there is no other ante-mortem injury. It has also been submitted that accused-applicant has no criminal history except the present case as averred in para 15 of the affidavit of bail application. There is no possibility of her either fleeing away from the judicial process or tampering with the evidence. Applicant is languishing in jail since 19.12.2022 and undertakes that she will not misuse the liberty of bail, if granted and cooperate in trial.
Learned Government Advocate has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the entire facts and circumstances of the case as well as submissions made by learned counsel for the parties and without expressing any opinion on merits of the case, I find it a fit case for bail.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ramkumari@Rajdulari involved in aforesaid crime be released on bail on her furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime similar to the offence of which she is accused after being released on bail.
(iv) 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 her from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) The identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
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.
Order Date :- 16.6.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant should be released on bail in a 498-A IPC case alleging false implication regarding dowry.
Ram Kumari @ Rajdulari
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
