Allowed

Rajani Sahu @ Rangni Devi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Allahabad HC2 Apr 2024/2640/2024

Case brief

AI extract

What is this about?

Allowing bail to the applicant in a dowry death case, noting lack of evidence regarding torture prior to death and absence of criminal history, despite the victim's death occurring shortly after marriage.

What did the court decide?

Release on bail in FIR/Case Crime No.296 of 2023 under Sections 498-A IPC, 304-B IPC, and Dowry Prohibition Act with personal bonds and two sureties of Rs. 20,000 each.

Rajani Sahu @ Rangni Devi Vs State of U.P. Thru. Prin… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:27136

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2640 of 2024

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Applicant :- Rajani Sahu @ Rangni Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Prem Chandra Chauhan,Kashi Ram Counsel for Opposite Party :- G.A.,Lavlesh Kumar

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Hon'ble Pankaj Bhatia,J.

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

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In terms of the F.I.R., it was alleged that the daughter of the informant was married to the son of the applicant on 9.5.2023. Subsequently, on 9.11.2023, the deceased was hanged to death by the entire matrimonial family.

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Learned counsel for the applicant has drawn my attention to the post mortem report which indicates the cause of death as Asphyxia due to ante mortem hanging and apart from ligature mark, no other injury was found on the body of the deceased except three contusion injuries over the thumb and left ankle and above right knee.

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It is further argued that there is nothing against the applicant to demonstrate that soon before the death, the deceased was subjected to any physical or mental torture in relation to demand of dowry at the instance of the applicant. The applicant is in jail since 22.11.2023 having no criminal history, hence he may be released on bail.

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Learned A.G.A. opposed the prayer for bail by arguing that the death occurred within one year of marriage and considering the nature of the offence, the bail application deserves to be rejected.

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Considering the fact that the applicant being lady is languishing in jail since 22.11.2023 having

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no criminal history and there is nothing on record to demonstrate that soon before the death, the deceased was subjected to any physical or mental torture in relation to demand of dowry at the instance of the applicant and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Rajani Sahu @ Rangni Devi be released on bail in FIR/ Case Crime No.296 of 2023, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Rampur Kalan, District Sitapur on her 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 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 ofÏcer or tamper with the evidence.

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Order Date :- 2.4.2024

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Shukla

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

Rajani Sahu @ Rangni Devi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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Rajani Sahu @ Rangni Devi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

Case brief

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