Allowed

Smt. Kamla Devi v. the State of U.P. Thru. Prin. Secy. Home, Lucknow

Allahabad HC12 Feb 2024BAIL/1552/2024

Case brief

AI extract

What is this about?

Appeal against rejection of bail. Court allowed bail to applicant, an aged mother-in-law accused under Section 498A and 304B IPC, due to her age, lack of criminal history, and absence of specific allegations of physical or mental harassment by her in the victim's death.

What did the court decide?

Applicant released on bail executing a bond with two sureties of Rs.20,000/- each to the satisfaction of the court.

Smt. Kamla Devi vs the State of U.P. Thru. Prin. Secy… — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:12390

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Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1552 of 2024 Applicant :- Smt. Kamla Devi Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Krishna Kumar Singh 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, learned AGA and perused the record.

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2. The applicant seeks enlargement on bail in FIR No.423 of 2023, under Section 498A, 304B IPC & Section 3/4 of Dowry Prohibition Act, P.S. Behta Gokul, District Hardoi.

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3. In terms of the FIR it was alleged that the daughter of the informant was married to the son of the applicant around five years ago. Subsequently, on 08.10.2023, she died. The post-mortem report on record indicates the cause of death as ante mortem hanging. No visible injury apart from the ligature mark is seen over the body.

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4. Learned AGA has opposed the bail application.

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5. Considering the fact that the applicant is mother-in-law and there is no allegation that soon before the death the victim was harassed physically or mentally at the instance of the applicant coupled with the fact that the applicant is aged about 60 years and has no criminal history, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

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6. Let the applicant Smt. Kamla Devi be released on bail in aforesaid FIR number on her 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 she 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 :- 12.2.2024 nishant

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

Smt. Kamla Devi v. the State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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Smt. Kamla Devi v. the State of U.P. Thru. Prin. Secy. Home, Lucknow

Case brief

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