Savitri Devi Vs State of U.P. and Another

Neutral Citation No. - 2024:AHC:193963

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11270 of 2024

Applicant :- Savitri Devi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant, Sri Ramendra Pal Singh, learned A.G.A. for the State and perused the material placed on record.

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This application under Section 482 of B.N.S.S., 2023 has been filed seeking anticipatory bail in Case Crime No. 296 of 2024, under Sections 85, 115(2), 352, 351(3), 108 of B.N.S.S. and Section 3/4 of the Dowry Prohibition Act, 1961, Police StationPanki, District- Kanpur Nagar.

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Learned counsel for the applicant submits that the allegation against the applicant is that the applicant (mother-in-law) along with other co-accused tortured the victim(deceased) mentally and physically for dowry and compelled her to commit suicide.

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Learned counsel for the applicant submits that the FIR has been lodged after the delay of more than one week and no satisfactory explanation has been given to this effect. He further submits that the deceased hanged herself from the fan and her hyoid bone got intact and the cause of death was coma due to cerebral hypoxia caused by hanging. There is no direct evidence which shows that the applicant is involved in abetting the victim/deceased to commit suicide. He further submits that the applicant has no criminal history. Therefore, the applicant is entitled for anticipatory bail till the conclusion of trial.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having regard to the submissions made by learned counsel for the

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applicant, considering the nature of accusations and antecedents of the applicant, the Court if of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the conclusion of trial.

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In the event of arrest, the applicant- Savitri Devi , involved in the aforesaid case crime be released on anticipatory bail during conclusion of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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(i) the applicant shall make himself available on each and every date fixed in the matter by the court concerned;

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(ii) 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;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by her before the concerned court.

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In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

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The application stands disposed of.

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Order Date :- 11.12.2024 Anjali

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Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad

Savitri Devi v. State of U.P. and Another

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