This judgment grants bail to the mother-in-law of a deceased woman, alleging suicide following dowry harassment, as no specific assertion against her exists and she has no criminal antecedents.
Applicant released on personal bonds and two sureties of Rs. 20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:26965
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3689 of 2024
Applicant :- Premavati Opposite Party :- State Of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.4 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Harpalpur, District Hardoi.
3 . In terms of the FIR, it was alleged that around 6 years ago, the deceased was married to the son of the applicant and sufficient dowry was also given, however, the entire matrimonial family was harassing her for dowry and subsequently, she was hanged to death on 31.12.2023.
4 . In the light of the aforesaid, the Counsel for the applicant draws my attention to the postmortem report, which indicates the cause of death as ante mortem handing and apart from the ligature mark, no other injury was visible on the body of the deceased. The applicant is the mother-in-law of the deceased.
5. Learned A.G.A. vehemently opposed the bail prayer.
6. Considering the material including the postmortem report and the fact there is no specific assertion 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 02.03.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
7. Let the applicant Premavati be released on bail in the abovesaid first information report number 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and
(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.
Order Date :- 2.4.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to enlargement on bail in the given facts.
Whether the postmortem report and lack of assertion against the applicant warrant bail.
Premavati
State Of U.P
Pankaj Bhatia
As recorded by the court registry
2 orders share this CNR
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