In this bail application, the High Court considered the request of Kalindi Devi for release on bail in a dowry death case. The Court noted the deceased lived elsewhere with the co-accused husband, who was already on bail. The applicant had no criminal history. Consequently, the Court granted bail.
Released on bail on furnishing a personal bond and two sureties.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51425 of 2022
Applicant :- Kalindi Devi Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Singh,B.N.Singh,Shantanu Pandey,Shashi Kant Pandey Counsel for Opposite Party :- G.A.,Raj Kumar Mishra
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State.
By means of this application under Section 439 of Cr.P.C., applicant Kalindi Devi, who is involved in Case Crime No. 300 of 2022, under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act, police station Bakewar, district Etawah, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, informant, who is father of Aarti lodged the first information report on 29.07.2022 with regard to an incident which took place on 14.07.2022 under Sections 498A, 304B IPC and Section 3/4 Dowry Prohibition Act against the present applicant Kalindi Devi, Pintu, Neer Singh @ Ajay, Anoop Kumar and Manoj Kumar, who are mother-in-law, husband and brothers-in-law of the deceased, respectively, with the allegation inter alia that marriage of his daughter had been solemnized with Pintu on 29.04.2021 and in the marriage, sufÏcient dowry as per his capacity had been given. The accused persons for their demand of motorcycle always used to beat and harass his daughter. On 14.07.2022 at about 06:00 A.M., his daughter made a call and said that papa pick me up soon otherwise the accused persons together will kill me.
It is argued by learned counsel for the applicant that general allegation of demand of dowry has been attributed against all the accused persons. As per the post mortem report, deceased died due to hanging and except the ligature mark, no other injury has been found on her body. The applicant has
no concern with the matrimonial affair of the deceased with her husband, who was working in Gujarat and the deceased was also living alongwith her husband in Gujarat, therefore, there was no question for demand of dowry or extending any cruelty on the part of the applicant. It is also pointed out that co-accused Pintu, who is husband of the deceased, has been granted bail by the Coordinate Bench of this Court vide order dated 04.04.2023 in Criminal Misc. Bail Application No. 1306 of 2023. The applicant does not have any criminal history to her credit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 26.08.2022 and in case, the applicant is released on bail, she will not misuse the liberty of bail and cooperate with the trial.
Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant.
Having heard learned counsel for the parties and examined the matter in its entirety, I find that there is no dispute that the deceased was living alongwith her husband Pintu in Gujarat and co-accused Pintu has been granted bail as noted above. The case of present applicant stands on better footing to that of co-accused Pintu.
Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed .
Let the applicant Kalindi 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 concerned with the following conditions, which are being
imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence.
(iii) That after her release, the applicant shall not involve in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by court concerned.
In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 25.4.2023 Shubham
Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a case involving dowry death and cruelty allegations.
1 provisions across 1 enactments
Kalindi Devi
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
