Court allowed bail to the accused, mother-in-law of the deceased, in a suicide case involving IPC 304B and Dowry Prohibition Act, noting lack of prosecution evidence connecting her to the offence.
Granted bail upon personal bond and two sureties in like amount with conditions against tampering or influencing witnesses.
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:172304
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37658 of 2023
Applicant :- Basanti Devi Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.38 of 2023 at Police Station-Chilh, District-Mirzapur under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act. The applicant is in jail since 31.05.2023.
The bail application of the applicant was rejected by the learned trial court on 09.08.2023.
The following arguments made by Shri Pawan Kumar Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(i) Ligature mark.
(ii) The hyoid bone was intact.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Basanti Devi 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:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 25.8.2023 Jaswant
Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail under the circumstances of the case.
BASANTI DEVI
AJAY BHANOT
JASWANT KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
