Allowed

Chameli Devi v. State of U.P.

Allahabad HC30 May 2023BAIL/23129/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Chameli Devi in a case involving Section 498-A, 304-B IPC, and Dowry Prohibition Act. The Court allowed the bail, noting the applicant's critical health状况 and lack of criminal history, subject to standard bonds and conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two heavy local sureties, subject to conditions against tampering with evidence.

Chameli Devi Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:120456

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23129 of 2023

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Applicant :- Chameli Devi Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Heard learned counsel for the applicant, 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. 445 of 2022, under Sections 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act, Police Station Pooranpur, District Pilibhit 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 and she has been falsely implicated in the present case. Applicant is the mother-in-law of the deceased Soni Devi who died on 07.06.2022. During post mortem no external injury was found on the person of the deceased. The viscera was preserved. It is submitted that no demand was ever made by the applicant. It is further submitted that deceased did not want to marry with the son of the applicant. It is submitted that vide supplementary affidavit documents were filed which indicate that presently applicant is admitted to KGMU, Lucknow for treatment as applicant is suffering from critical diseases such as diabetes, anemia, weakness and swelling. In this respect, necessary documents are filed at Annex. SA-1. It is further submitted that applicant is languishing in jail since 12.10.2022 having no criminal history and that in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail and argued that deceased died within one year of her marriage under suspicious circumstances at the house of the applicant.

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Considering the entire facts and circumstances of the case,

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submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, 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 Chameli Devi in the aforesaid crime be released on bail on furnishing a personal bond and two heavy local 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 :- 30.5.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Chameli Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Chameli Devi v. State of U.P.

Case brief

What is this about?

What did the court decide?

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