Allowed

Kamla Devi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC3 Sept 2024/9398/2024

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Kamla Devi, accused under dipost-mortem report showed hanging without injuries, and no allegations of dowrydemand harassment. The applicant was released on personal bond with two sureties.

What did the court decide?

The applicant be released on bail in FIR No.148 of 2024 by executing a personal bond with two sureties of Rs.20,000/- each.

Kamla Devi Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Cheque Dishonour | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60358

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9398 of 2024 Applicant :- Kamla Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard Shri Akhilendra Pratap Singh, learned counsel for the applicant, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.148 of 2024, under Section 498A, 304B IPC & Section 3/4 of D.P. Act, P.S. Kakori, District Lucknow.

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3. The FIR in question was lodged alleging that daughter of the informant was married to the son of the applicant on 08.12.2022 and sufficient dowry was also given. Subsequently, the entire family member killed her. The cause of death as per the postmortem report, is ante mortem hanging and apart from the ligature mark, no other injury was observed on the body of the deceased. The applicant is mother-in-law.

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4. Learned AGA has opposed the bail application.

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5. Considering the post-mortem report and the fact that there is no allegation that soon before the death, the victim was subjected to any mental or physical harassment in relation to demand of dowry at the instance of the applicant coupled with the fact that the applicant has no criminal history and is in custody since 26.07.2024, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed .

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6. Let the applicant Kamla Devi be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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 :- 3.9.2024 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench

Kamla Devi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Kamla Devi v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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