In a bail application under Section 306 IPC regarding the death of her daughter-in-law by suicide, the Allahabad High Court allowed the bail of the applicant, Durga Devi, noting no evidence connecting her to the offense and her advanced age.
Applicant granted bail on personal bond and two heavy local sureties with conditions for attendance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:136672
Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23679 of 2023
Applicant :- Durga Devi Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Dubey,Sachin Kumar Upadhyay Counsel for Opposite Party :- G.A.,Parvesh Kumar Pandey,Sanjeev Kumar Srivastava
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the informant and perused the material on record.
Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant is the mother-in-law of the deceased. The applicant never demanded dowry or did she torture the deceased. In fact, the applicant never interfered in the domestic life of the deceased and her husband. The applicant is bereaved by the death of her daughter-in-law and prays for peace of the departed soul. However, for the purpose of the bail application, it is submitted that the deceased had committed suicide after 8 years of her marriage initially the F.I.R. was lodged against five named accused persons but charge sheet has been against four named accused. He further submits that in the entire investigation no evidence has been collected, which could connect applicant with the offence of abetment of suicide.The applicant does not have any criminal history apart from the instant case. The applicant is a old aged person, who resides in Chandauli with her family. The applicant is not a flight risk. The applicant is a law abiding citizen who has cooperated with the police investigation and shall join the trial proceeding. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. He lastly submits that the father-in-law namely Mangnu Yadav, has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 02.06.2023 passed in Criminal Misc. Bail Application No. 22516 of 2023,
copy of which has been produced before this Court and is taken on record. The applicant is in jail 03.04.2023.
Learned AGA for the State as well as learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. He does not contest the criminal history of the applicant as disclosed in the bail application.
Considering the entire facts and circumstances of the case, 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, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Durga Devi involved in Case Crime No.69 of 2023 under Section 306 I.P.C., Police Station Balua, District Chandauli, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
III. In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
IV. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall
be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.7.2023
S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, alleged abettor of suicide, is entitled to bail considering her age and lack of criminal history.
5 provisions across 2 enactments
Durga Devi
Gautam Chowdhary
Shaoukat Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
