Allowed

Premavati v. State of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko.

Allahabad HC2 Apr 2024BAIL/3689/2024

Case brief

AI extract

What is this about?

In a bail application under 498A and 304B IPC regarding a dowry death, the Allahabad High Court (Lucknow Bench) allowed bail. The court noted no specific assertion that the applicant was involved in harassment shortly before the death, observing she has no criminal antecedents. Bail was granted subject to bonds and sureties.

What did the court decide?

The applicant Premavati is released on bail upon furnishing personal bonds and two reliable sureties of Rs.20,000/- each, subject to bonds not to tamper with evidence and to attend hearings.

Premavati vs State of U.P Thru. Prin. Secy. Home Govt… — Cheque Dishonour | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:26965

¶2

Court No. - 12

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3689 of 2024

¶4

Applicant :- Premavati Opposite Party :- State Of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

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

¶7

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

¶8

3 . In terms of the FIR, it was alleged that around 6 years ago, the deceased was married to the son of the applicant and sufficient dowry was also given, however, the entire matrimonial family was harassing her for dowry and subsequently, she was hanged to death on 31.12.2023.

¶9

4 . In the light of the aforesaid, the Counsel for the applicant draws my attention to the postmortem report, which indicates the cause of death as ante mortem handing and apart from the ligature mark, no other injury was visible on the body of the deceased. The applicant is the mother-in-law of the deceased.

¶10

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

¶11

6. Considering the material including the postmortem report and the fact there is no specific assertion 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 02.03.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

¶12

7. Let the applicant Premavati be released on bail in the abovesaid first information report number on her furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following

¶13

conditions:

¶14

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶15

(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and

¶16

(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.

¶17

Order Date :- 2.4.2024 akverma

¶18

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

Premavati v. State of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Premavati v. State of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Mushtaque Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Binod Vs State of U.P. through Secretary Home Department Civil Secretariat, Lucknow

Naveen Jaiswal Vs State of U.P. Thru. Prin. Secy. Home Lko.

Sumit Kashyap vs State of U.P. Thru Addl. Chief Secy. Home Deptt. Lko

Barati Lal Alias Barati vs State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. and and 3 Others

M/S Emerson Climate Technology India Pvt. Ltd., Lucknow Thru. Authorised Signatory Dhirendra Kumar vs Commissioner Commercial Tax Deptt., Lucknow U.P.