Allowed

Phoola Devi @ Phoola Goswami v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Allahabad HC4 Mar 2024BAIL/2502/2024

Case brief

AI extract

What is this about?

In Crl. Misc. Bail App. No. 2502 of 2024, Allahabad High Court (Lucknow Bench) allowed release of the applicant, grandmother of a dowry death victim, on bail considering no specific allegations of pre-death harassment against her and low flight risk, subject to bonds and sureties.

What did the court decide?

Released on bail with personal bonds and two sureties of Rs. 20,000/each.

Phoola Devi @ Phoola Goswami vs State of U.P. Thru… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35390

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2502 of 2024

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Applicant :- Phoola Devi @ Phoola Goswami Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Amit Kumar Singh,Ashish Kumar Dubey,Gopal Krishna Dixit Counsel for Opposite Party :- G.A.,Anand Kumar Yadav

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as Sri Hari Shankar Maurya, learned A.G.A. and perused the record.

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2 . In terms of the FIR, it was alleged that the sister of the informant was married to the grand-son of the applicant in the year 2022, however the entire matrimonial family used to harass her for dowry and subsequently on 14.09.2023 the entire matrimonial family had caused the death of the sister of the informant. The post mortem report on record indicates the cause of death as ante mortem hanging.

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

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4. Considering the fact that the applicant is the grand-mother of the victim aged about 64 years and there are no specific allegation against the applicant of causing any mental or physical harassment to the victim soon before her death in relation to the demand of dowry and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, 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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5. Let the applicant Phoola Devi @ Phoola Goswami be released on bail in FIR/ Case Crime No. 0383 of 2023, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Chanda, District Sultanpur, on her 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 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 7.5.2024 Arun

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

Phoola Devi @ Phoola Goswami v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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Phoola Devi @ Phoola Goswami v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and Another

Case brief

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