Single judge allowed bail for a mother-in-law accused in a dowry death case, noting the charge-sheet was submitted, evidence crystallized, and the deceased's death was determined homicidal/suicidal.
Released on bail with personal bond and two sureties under standard bail conditions.
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Neutral Citation No. - 2023:AHC:158159
Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34512 of 2023
Applicant :- Smt. Gayawati Opposite Party :- State of U.P. Counsel for Applicant :- Sabhajeet,Nishad Ramjanki Counsel for Opposite Party :- G.A.,Hari Nath Chaubey
Hon'ble Rajeev Misra,J.
2. Perused the record.
except the present one. The police report (charge-sheet) in terms of Section 173 (2) Cr.P.C. has already been submitted. As such the entire evidence sought to relied upon by the prosecution against applicant stands crystallised. Upto this stage, no such incriminating circumstance has emerged necessitating the custodial arrest of applicant during the pendency of trial. He therefore contends that applicant is liable to be enlarged on bail. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail and shall co-operate with the trial.
as complicity of applicant coupled with the fact that applicant is the mother-in-law of the deceased, since applicant is a lady therefore she is entitled to the benefit of the provisions contained in proviso to Section 437 Cr.P.C., police report (charge-sheet) under Section 173 (2) Cr.P.C. has already been submitted therefore the entire evidence sought to be relied upon by the prosecution against applicant stands crystalized, however, the learned A.G.A. and the learned counsel for first informant could not point out any such circumstance from the record necessitating the custodial arrest of applicant during the course of trial, the judgement of Apex Court in Sumit Subhashchandra Gangwal Vs. State of Maharashtra, 2023 LiveLaw (SC) 373 (Paragraph 5), as per opinion of Autopsy Surgion, the death of deceased is a suicidal death as the cause of death of deceased is asphyxia as a result of ante-mortem hanging, applicant cannot be said to be the beneficialry of additional demand of dowry, the allegations made in the F.I.R. regarding additional demand of dowry are vague and bald allegations as the same are devoid of material particulars, the judgement of the Supreme Court in Kahkashan Kausar @ Sonam and others (supra), the period of incarceration undergone by applicant and the clean antecedents of applicant but without expressing any opinion on the merits of the case, applicant has made out a case for bail.
(i) Applicant will not tamper with prosecution evidence.
(ii) 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.
(iii) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
Order Date :- 7.8.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant, a woman and mother-in-law of the deceased, is entitled to bail despite being a charge-sheeted accused in a dowry death case.
Whether the period of incarceration of over two months and clean antecedents suffice to grant bail where prosecution evidence is crystallised.
Whether vague allegations regarding dowry demand and suicidal death circumstances necessitate refusal of bail.
Colour shows how this judgement treated each authority
2 provisions across 1 enactments
Smt. Gayawati
State of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rajeev Misra
Parties & counsel
