Allowed

Somwati and Another v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

Allahabad HC10 Sept 2024BAIL/9672/2024

Case brief

AI extract

What is this about?

This bail application was allowed to the applicants, mother-in-law and father-in-law, on the ground of parity, as the husband of the deceased had been enlarged on bail by the same court in a co-accused case.

What did the court decide?

The applicants were released on bail upon furnishing personal bonds and two sureties of Rs.20,000/- each, subject to non-interference and presence at hearings.

Somwati and Another vs State of U.P. Thru. Prin. Secy… — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62370

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9672 of 2024

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Applicant :- Somwati And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lucknow Counsel for Applicant :- Alok Kumar Mishra,Abhishek 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 applicants as well as learned A.G.A. and perused the record.

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The applicants seek enlargement on bail in FIR/Case Crime No.174 of 2024, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station Madhoganj, District Hardoi.

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Learned counsel for the applicant has argued that the husband of the deceased was enlarged on bail by this Court vide order dated 29.8.2024. The applicants who are mother-in-law and fatherin-law aged about 70 and 72 years, languishing in jail since 30.7.2024 having no criminal antecedents, may also be enlarged on bail on the ground of parity.

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Learned A.G.A. opposed the prayer for bail but could not deny the ground of parity.

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Considering the fact that the co accused have been enlarged on bail, on the same reasonings as contained in order dated 29.8.2024 passed in the case of co accused and adopting the same reasoning, the applicants are also entitled to be released on bail on the ground of parity.

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Accordingly, the bail application is allowed.

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Let the applicants Somwati and Pyarelal be released on bail in the above said first information report number on their furnishing personal bonds

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and two sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

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

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(b) The applicants shall not commit any offence similar to the offence of which they are accused or suspected of the commission; and

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(c) The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 10.9.2024

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Shukla

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

Somwati and Another v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

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Somwati and Another v. State of U.P. Thru. Prin. Secy. Home Deptt., Lucknow

Case brief

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