Allowed

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

Allahabad HC25 Jan 2024/627/2024

Case brief

AI extract

What is this about?

This judgment grants bail to an aged accused-applicant charged with dowry death under Sections 498-A and 304-B IPC. The court observed she is ailing, no complicity is established, and a specific opinion on merits was not expressed.

What did the court decide?

Release of applicant Budhana on bail subject to personal bond, two sureties, and conditions regarding court attendance and non-interference.

Budhana Vs State of U.P. Thru. Prin. Secy. Home… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:7515

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 627 of 2024

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Applicant :- Budhana Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Hanumant Lal Yadav,Shailendra Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.362 of 2023, under Sections 498-A, 304-B I.P.C. and under Sections 3/4 D.P. Act, P.S. Motigarpur, District Sultanpur.

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It is alleged in the F.I.R. that daughter of the informant was married with the son of the applicant six years back according to hindu rites and rituals. In-laws of his daughter used to commit cruelty upon her daughter due to demand of dowry and also used to beat her. Today at 17.11.2023 at 3:00 pm, the inlaws of her daughter has murdered his daughter.

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Learned counsel for applicant submits that applicant is motherin-law aged about 68 years and she is an ailing person has no complicity in the incident. Deceased has died due to hanging. Cause of death is asphyxia as a result of ante mortem hanging. General and sweeping allegations have been levelled by the complainant in the statement given under Section 161 Cr.P.C. without any specific date, time for demand of dowry. Applicant is innocent and is languishing in jail since 19.11.2023.

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

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On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 19.11.2023, applicant is a old lady aged about 68 years and cause of death shown in the post mortem as well as general nature of allegations in the prosecution case, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Budhana be released on bail in aforesaid case crime number subject to her furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 proceedings against her, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 25.1.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

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

Case brief

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

Case brief

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