Allowed

Smt Sunita Agarwal v. State of U.P.

Allahabad HC22 Aug 2023BAIL/36659/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was filed by the mother-in-law of the suicide victim accused under sections 498-A, 304-B IPC and Dowry Prohibition Act. The High Court granted bail noting she did not aid the suicide, had no criminal history, and posed no flight risk.

What did the court decide?

Release on bail furnishing personal bond and two sureties with conditions not to tamper with evidence or witnesses.

Smt Sunita Agarwal Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:169269

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36659 of 2023

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Applicant :- Smt Sunita Agarwal Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Mohan Tripathi,Zafar Abbas Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.88 of 2023 at Police Station-Kotwali, DistrictRampur under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 14.05.2023.

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The bail application of the applicant was rejected by the learned trial court on 08.06.2023.

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The following arguments made by Shri Krishna Mohan Tripathi, learned counsel assisted by Shri Zafar Abbas, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Abhishek Yadav, learned counsel on behalf of the informant and Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

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The applicant is the mother-in-law of the deceased.

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The applicant never demanded dowry nor did she

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harass the victim.

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The applicant never interfered in the marital life of the victim and her husband. The applicant is bereaved by the death of his daughter-in-law.

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The applicant's son was the love interest of the deceased. They had a love marriage which was opposed by the family of the deceased. The family of the deceased had abandoned her after her love marriage.

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The deceased was a sensitive lady who became depressed as a result of her family breaking of all relations with her.

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On the fateful day, she succumbed to depression and took the extreme step of ending her life. She committed suicide by hanging.

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The postmortem report opines the cause of death as asphyxia due to antemortem hanging.

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Injuries depicted in the post mortem report consistent with hanging are:

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(i). Ligature mark present around the neck. Base of groove is brown and is hard and parchment like.

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(ii). No abnormality was detected in the hyoid bone.

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The applicant did not aid or abet the suicide.

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Prosecution evidence does not connect the applicant with the offence.

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The applicant does not have any criminal history

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apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sunita Agarwal 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 below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 22.8.2023 Vandit

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Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad

Smt Sunita Agarwal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Sunita Agarwal v. State of U.P.

Case brief

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