Maina Devi v. State of U.P.
Case brief
What is this about?
Maina Devi; second bail application allowed; CRIMINAL MISC. BAIL APPLICATION No. 4882 of 2025; High Court of Judicature at Allahabad; Justice Saurabh Shyam Shamshery; Case Crime No. 151 of 2007; Sections 498A, 304B, 201 IPC; Sections 3/4 Dowry Prohibition Act; dowry death; P.S. Kotwali Dehat; District Mirzapur; first bail rejected 15.04.2024; custody since 13.10.2022 (about 2 years 5 months); 17 prosecution witnesses, none examined; trial stagnation bail grant; condition to mark presence before police station on 15th and 30th monthly; bail cancellation on police report of default; personal bond and two sureties; trial to conclude preferably within six months; Section 82 Cr.P.C. proclamation; section 174-A I.P.C.; order dated 3.4.2025; Neutral Citation 2025:AHC:46798.
What did the court decide?
Applicant Maina Devi ordered to be released on bail in Case Crime No. 151 of 2007 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned, subject to conditions: (i) not to tamper with prosecution evidence or harm/harass the victim/complainant; (ii) undertaking not to seek adjournment/exemption from appearance on trial dates, failing which the Trial Court may treat it as abuse of bail liberty; (iii) not to misuse the liberty of bail, failing which proclamation under Section 82 Cr.P.C. may be issued and proceedings under section 174-A I.P.C. initiated; monthly presence before the concerned Police Station on the 15th and 30th of every month till trial concludes, with bail cancellable by the Trial Court on a police report of default; and (iv) the Trial Court to endeavour to conclude the trial expeditiously, preferably within six months after release, if there is no other legal impediment; identity, status and residential proof of sureties to be verified by the court concerned, with liberty to cancel bail on breach of any condition.