Allowed

Maya Devi v. State of U.P. and Another

Allahabad HC14 Sept 2023BAIL/40045/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Maya Devi, a 65-year-old mother-in-law accused under Sections 304-B, 498A IPC and Dowry Prohibition Act. Considering she never demanded dowry or tormented the deceased, who died of chronic diseases, and being a senior citizen, she was granted bail on personal bond and sureties.

What did the court decide?

A was released on bail by furnishing personal bond and two sureties in the like amount on payment of security.

Maya Devi Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:178011

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40045 of 2023

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Applicant :- Maya Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ritesh Singh,Suresh Singh 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. 319 of 2023 at Police Station- Tilhar, District- Shahjahanpur under Sections 304-B, 498A, 323, 313 IPC and Section 3/4 Dowry Prohibition Act. The applicant is in jail since 06.07.2023.

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The bail application of the applicant was rejected by the learned trial court on 22.08.2023.

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The following arguments made by learned counsel on behalf of the applicant, which could not be satisfactorily refuted by the learned counsel for the first informant and 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 torture the deceased.

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The applicant is a senior citizen who is 65 years old.

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The applicant never interfered in the marital affairs of the deceased and her husband.

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The deceased had chronic health issues.

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The cause of death as opined in the post mortem report is "septicemia and shock as a result of chronic lung disease with liver disease".

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The applicant does not have any criminal history 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 cooperate with the court proceedings. There is no possibility of his 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- Maya 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:-

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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

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date fixed, unless personal presence is exempted.

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The Court has been informed that the lawyers in districtShahjahanpur are striking work. Liberty of citizens is too sacrosanct and cannot be held to ransom by striking lawyers.

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The District Legal Services Authority (DLSA), Shahjahanpur shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

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Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Shahjahanpur for onward communication to the applicant who is in jail, and for assisting the applicant in all legal formalities for being set forth at liberty as stated above.

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Order Date :- 14.9.2023 Jaswant

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

Maya Devi v. State of U.P. and Another

Case brief

What is this about?

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Maya Devi v. State of U.P. and Another

Case brief

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