Allowed

Smt Seeta and Another v. State of U.P.

Allahabad HC2 Mar 2023BAIL/6664/2023

Case brief

AI extract

What is this about?

The Court granted bail to the applicants, mother-in-law and brother-in-law of the deceased, falsely implicated in a dowry death case. No role was assigned regarding dowry demand or cruelty, and no possibility of tampering with evidence was found.

What did the court decide?

Release from custody on a personal bond and two sureties, subject to conditions against tampering with evidence and delaying the trial.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6664 of 2023

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Applicant :- Smt Seeta And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Sri Ajay Kumar Chaurasia, learned counsel for the applicants, learned AGA for the State and perused the material on record.

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Learned counsel for the applicants has submitted that the applicants are innocent and being mother-in-law and brother-inlaw (Devar) of the deceased have been falsely implicated for dowry death with general allegations. The F.I.R. was lodged against four accused persons including the applicants and entire family of husband has been falsely implicated in this case. No specific role has been assigned to the applicants regarding demand of dowry or treating the deceased with cruelty for non-fulfilment of demand of dowry. The applicants neither made any demand of dowry nor treated the deceased with cruelty for non-fulfilment of demand of dowry. Co-accused Lakhmi Chand (father-in-law) of the deceased has already been granted bail by a co-ordinate Bench of this Court vide order dated 1.11.2022 passed in Criminal Misc. Bail Application No.48188 of 2022. Copy of bail order is annexed as Anneuxre-4 to the affidavit filed in support of bail application. The role assigned to the applicants is identical and similar to the role assigned to co-accused Lakhmi Chand, who has been granted bail by this Court and as such the applicants are also entitled for bail on the ground of parity. There is no possibility of applicants of fleeing away from the judicial process or tampering with the prosecution evidence. He next submits that the applicants have no criminal history and are in jail since 16.11.2022 and if released on bail, they will not misuse the liberty of bail.

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Learned AGA for the State vehemently opposed the prayer of bail.

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Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.

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Let applicants- Smt. Sita and Deepraj alias Deepu be released on bail in Case Crime No. 206 of 2022, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, registered at P.S. Achhnera, District Agra, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:

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(i) The applicants will not tamper with prosecution evidence in any manner whatsoever.

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(ii) The applicants will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicants will not indulge in any unlawful activity.

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(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.

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Order Date :- 2.3.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Smt Seeta and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Smt Seeta and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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