Allahabad High Court
Smt. Kasan Devi vs State Of U.P. on 20 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30139 of 2022 Applicant :- Smt. Kasan Devi Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Misra,Manish Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The bail application under Section 439 Cr.P.C. has been moved by the applicant - Smt. Kasan Devi to enlarge her on bail in Case Crime No. 0002 of 2022 under Sections 498A, 304B, 315, 201 I.P.C. and 3/4 D.P. Act, Police Station Sadar Bazar, District Agra.
It is submitted by the learned counsel for the applicant that the present applicant is the mother-in-law of the deceased. As per FIR, there is general allegation of demand of dowry and harassment thereon. No specific role has been assigned to the present applicant. As per the post mortem report except ligature mark no injury is found on the person of the deceased. The cause of death is found to be asphyxia as a result of ante mortem injuries. The present applicant used to live separately from that of deceased. She is languishing in jail since 03.01.2022.
Per contra, learned A.G.A. has opposed the bail application and contended that the incident took place only after 08 months of the marriage. The present accused is the mother in law of the deceased having important role in the look after of the house.
The FIR indicates the general role of the accused person with regard to the demand of dowry and harassment thereon. It is mentioned in the FIR that all the accused persons hanged the deceased to death following their demand of dowry. Perusal of the post mortem report indicates that except ligature mark no other injury was found on the person of the deceased. The cause of death is shown to be asphyxia as a result of ante mortem injuries.
After perusing the record in the light of the submissions made at bar and taking an overall view of all the facts and circumstances of this case, the nature of accusations, severity of punishment in case of conviction, the period of detention already undergone, the unlikelihood of early conclusion of trial without commenting on the merits of the case, this Court is of the view that the applicant may be enlarged on bail.
The bail application is allowed.
Let the applicant Smt. Kasan Devi w/o Bharat Singh involved in Case Crime No. 0002 of 2022 under Sections 498A, 304B, 315, 201 I.P.C. and 3/4 D.P. Act, Police Station Sadar Bazar, District Agra be released on bail on her furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and will co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless her personal appearance is exempted through counsel by the court concerned.
In case of breach of any conditions mentioned above, the trial court will be at liberty to cancel the bail of the applicant.
Order Date :- 20.10.2022 gp