Allowed

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

Allahabad HC9 Jul 2024BAIL/7363/2024

Case brief

AI extract

What is this about?

Bail application by mother-in-law accused under Sections 498-A and 304-B IPC and Dowry Prohibition Act after daughter-in-law's death by hanging. Court noted her age, no criminal history, jail since May 2024 and absence of specific material on dowry harassment soon before death, and allowed bail.

What did the court decide?

Applicant released on bail in Case Crime No.105 of 2024 on personal bond and two sureties of Rs.20,000 each with conditions.

Savitri Devi vs State of U.P. Thru. Prin. Secy. Home Lko. — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:59017

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7363 of 2024

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Applicant :- Savitri Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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

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In terms of the F.I.R., it was alleged that the daughter of the informant was married to the son of the applicant on 30.1.2023 and sufficient dowry was also given. However, the entire matrimonial family used to harass her and on 5.4.2024, an information was received that the daughter has died.

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Learned counsel for the applicant has drawn my attention to the post mortem report which indicates the cause of death as ante mortem hanging and apart from ligature marks, four contusions injuries were observed which according to the applicant, can arise when the body is lowered. The applicant is the mother-in-law of the deceased. It is further argued that there is nothing specific against the applicant to demonstrate that soon before the death, the deceased was subjected to any physical or mental harassment in relation to demand of dowry at the instance of the applicant. The applicant is in jail since 20.5.2024 having no criminal history, hence she may be released on bail.

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Learned A.G.A. opposed the prayer for bail by arguing that the death occurred within two years of marriage and considering the nature of the offence, the bail application deserves to be rejected.

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Considering the fact that the applicant being lady of 60 years and mother-in-law of the deceased languishing in jail since 20.5.2024 having no criminal history and there is nothing specific against the applicant to demonstrate that soon before the death, the deceased was subjected to any physical or mental harassment in relation to demand of dowry at the instance of the applicant and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Savitri Devi be released on bail in FIR/ Case Crime No.105 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Kotwali Nagar, District Bahraich 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 :- 29.8.2024

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Shukla

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

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

Case brief

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

Case brief

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