Single judge allowed bail to the applicant, Jai Devi, accused of dowry death and harassment, noting her age, lack of antecedents, and innocence. Bail granted on personal bond and two sureties.
Applicant released on bail by executing a bond with two reliable sureties of Rs. 20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:59381
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9263 of 2024
Applicant :- Jai Devi Opposite Party :- State Of U.P. Thru. Prin. Secy. Lko. Counsel for Applicant :- Satyendra Kumar Maurya Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.276 of 2024, under Sections 498A, 304B, 504, 506 IPC and Section 3/4 of D.P. Act, Police Station Tambaur, District Sitapur.
3 . The FIR in question was lodged alleging that the daughter of the informant was married to the son of the applicant on 22.02.2023 and sufficient dowry was also given, however, the entire matrimonial family used to harass her. Subsequently, on 23.06.2024, she was killed by her matrimonial family. The postmortem report indicates the cause of death due to ante mortem hanging. The applicant is the mother-in-law.
4. Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the postmortem report and there being nothing specific against the applicant who is mother-in-law and has no criminal antecedents; the applicant is aged about 60 years and is in custody since 30.06.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
6. Let the applicant Jai Devi be released on bail in the aforesaid first information report 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:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which she is accused or suspected of the commission; and
(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.
Order Date :- 30.8.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant entitled to bail in the light of the postmortem report and lack of specific grounds against her considering her age and role as mother-in-law.
2 provisions across 2 enactments
Jai Devi
Ashok Kumar Verma
As recorded by the court registry
2 orders share this CNR
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