Allowed

Manju Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC20 Sept 2024BAIL/10012/2024

Case brief

AI extract

What is this about?

In a bail application regarding FIRs for dowry harassment and death under IPC Sections 498A and 304B, the court allowed the applicant's release based on the postmortem report lacking evidence of pre-death harassment and her clean criminal record, subject to bond and surety conditions.

What did the court decide?

The applicant shall be released on bail by furnishing personal bonds and two reliable sureties of Rs.20,000/- each upon undertaking to attend hearings, not commit similar offences, and not tamper with

Manju Yadav vs State of U.P. Thru. Prin. Secy. Home Lko — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:65190

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10012 of 2024

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Applicant :- Manju Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Karunakar Srivastava,Shiv Sinha Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and Sri Nishant Srivastava, who has filed Vakalatnama on behalf of the complainant and perused the record. The Vakalatnama is taken on record.

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2 . The applicant seeks enlargement on bail in FIR No.437 of 2024, under Sections 498A, 304B IPC and Section 3/4 of D.P. Act, Police Station Kotwali Nagar, District Gonda.

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3 . The FIR in question was lodged alleging that the daughter of the informant was married to the son of the applicant on 11.05.2018 and sufficient dowry was also given, however, the entire matrimonial family used to harass her. Subsequently, on 16.06.2024, she was killed by her matrimonial family. The postmortem report indicates the cause of death due to ante mortem hanging and apart from the ligature mark, no other injury was shown. The applicant is the mother-in-law.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the postmortem report indicating no injury except for ligature mark and there being nothing 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 28.08.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

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6. Let the applicant Manju Yadav be released on bail in the abovesaid first information report number on his 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 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 :- 20.9.2024 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Manju Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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Manju Yadav v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

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What did the court decide?

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