Allowed

Smt. Ramjanki v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC11 Mar 2024/1994/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of Smt. Ramjanki in an FIR alleging dowry death under Sections 498A, 304B IPC. Relying on the postmortem report and absence of specific allegations, the court ordered her release subject to sureties and court attendance.

What did the court decide?

The applicant be released on bail upon furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to conditions to attend hearings and not tamper with evidence.

Smt. Ramjanki Vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:21381

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1994 of 2024

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Applicant :- Smt. Ramjanki Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Roshan Babu Gupta,Shushil Kr. Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The applicant seeks enlargement on bail in FIR No.466 of 2023, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Atrauli, District Hardoi.

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3 . In terms of the FIR, it was alleged that the daughter of the informant was married to the son of the applicant on 26.05.2023 and subsequently, the daughter was killed by the entire matrimonial family. The applicant is the mother-in-law of the deceased, who have separate living.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the postmortem report on record which indicates the cause of death is ante mortem hanging and apart from the ligature mark, no other injury is visible on the body of the deceased; there is no specific statement against the applicant to suggest that soon before her death, the victim was subjected to any physical or mental harassment in relation to any demand of dowry coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 03.09.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Smt. Ramjanki be released on bail in the abovesaid first information report number on his furnishing personal 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 he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 11.3.2024 akverma

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

Smt. Ramjanki v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Smt. Ramjanki v. State of U.P. Thru. Prin. Secy. Home Lko.

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