Allowed

Smt. Parwati v. State of U.P. Thur. Addl. Chief Secy Deptt. of Home Lko.

Allahabad HC24 Sept 2024/10186/2024

Case brief

AI extract

What is this about?

In this criminal bail application, the Allahabad High Court (Lucknow Bench) granted bail to Smt. Parwati, a 67-year-old lady charged in a dowry death case. The court relied on the post mortem report indicating no ante-mortem harassment and the applicant's age to release her on bail with personal and surety bonds.

What did the court decide?

Bail allowed; applicant released on personal bond and two sureties of Rs. 20,000/- each under Sections 85/80 BNS-2023 and Section 3/4 D.P. Act.

Smt. Parwati Vs State of U.P. Thur. Addl. Chief Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66339

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10186 of 2024

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Applicant :- Smt. Parwati Opposite Party :- State Of U.P. Thur. Addl. Chief Secy Deptt. Of Home Lko. Counsel for Applicant :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard Ms. Arti Ganguly, learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . In terms of the FIR, it was alleged that the sister of the informant was married to the applicant two years ago and sufficient dowry was also given, however matrimonial family was not happy with the dowry, subsequently, the entire matrimonial family had killed the sister of the informant. The post mortem report indicates the cause of death as ante mortem hanging and no other injury apart from the ligature mark are visible on the body of the deceased. The applicant herein is the mother in law of the deceased aged but 67 years.

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3. Learned A.G.A. opposed the bail prayer.

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4. Considering the post mortem report on record and there is nothing on record to demonstrate that soon before the death, the deceased was subjected to any mental and physical harassment in relation to the demand of dowry coupled with the fact that the applicant is a lady aged about 67 years, is enlarged on bail. Accordingly, the bail application is allowed .

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5. Let the applicant Smt. Parwati be released on bail in FIR/ Case Crime No. 0435 of 2024, under Sections 85/80 BNS-2023 and Section 3/4 D.P. Act, Police Station Tandiyawa, District Hardoi, on her furnishing personal

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bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

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(c) 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 24.9.2024 Arun

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Parwati v. State of U.P. Thur. Addl. Chief Secy Deptt. of Home Lko.

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Smt. Parwati v. State of U.P. Thur. Addl. Chief Secy Deptt. of Home Lko.

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