Allowed

Parvati v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC13 May 2024/5160/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to Parvati in a case under Sections 498A and 304B IPC related to the death of her daughter-in-law. Finding general allegations leveled against the entire family without specific charges against the applicant and noting her separate living arrangements and lack of criminal history, the court held her entitled to release subject to conditions regarding attendanc

What did the court decide?

Applicant Parvati released on bail by furnishing personal bond and two sureties satisfying court conditions regarding appearance and prohibition on misuse.

Parvati Vs State of U.P. Thru. Prin. Secy. Home, Lucknow — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36566

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Court No. - 11

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5160 of 2024

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Applicant :- Parvati Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Rohit Kumar Singh, learned counsel for the applicant and learned A.G.A. for the State.

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It has been contended by the learned counsel for the applicant that the applicant is in jail since 7.10.2023 in Case Crime No. 488 of 2023 u/s 498A, 304B I.P.C. and 3/4 D.P. Act, P.S. Salon, District Raebareli. It has been submitted that the applicant has been falsely implicated in this case as he has not committed any offence as alleged.

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As per the impugned F.I.R. the general allegations have been leveled against the entire family including the present applicant who is 'mother-in-law' of the victim (since deceased). He has further submitted that so as to implicate the entire family the present applicant has also been implicated. However, no specific allegation has been leveled against her. The present applicant has nothing to do with the dowry, if it is so demanded by the husband inasmuch as she was separately living with the family. Relation of the present applicant with the deceased were cordial. The cause of death is drowning and as per prosecution story it appears that the deceased committed suicide by jumping into a canal. However, the applicant is absolutely unaware about the reason of suicide. The applicant has no prior criminal history. This Court has granted bail to the co-accused who is brother-in-law of the victim (since deceased) vide order dated 25.4.2024 in Criminal Misc. Bail Application No. 2990 of 2024 (Veerendra vs. State of U.P.).

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The learned counsel for the applicant has given an undertaking on behalf of applicant that the applicant shall not misuse the liberty of bail and shall cooperate with the trial proceedings and shall abide by all terms and conditions of bail, if granted.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned

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counsel for the applicant.

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Without entering into the merits of the case and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that general allegations have been leveled against the entire family including the present applicant who is 'mother-inlaw' of the victim (since deceased), so as to implicate the entire family the present applicant has also been implicated however, no specific allegation has been levelled against her, the present applicant has nothing to do with the dowry, if it is so demanded by the husband inasmuch as she was separately living with the family of the victim, relation of the present applicant with the deceased were cordial, the cause of death is drowning and the applicant has no prior criminal history, this Court has granted bail to the co-accused who is brother-in-law of the victim (since deceased) vide order dated 25.4.2024 in Criminal Misc. Bail Application No. 2990 of 2024 (Veerendra vs. State of U.P.) and the undertaking given on behalf of the applicant that she shall not misuse the liberty of bail and shall cooperate in the trial proceedings, the applicant is entitled to be released on bail in this case.

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Let the applicant- Parvati , involved in aforesaid case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate

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proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(v) The applicant shall not leave the country without permission of the Court concerned.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 13.5.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Parvati v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Parvati v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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