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MOHD. FAIZ ALAM KHAN
Geeta Devi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MOHD. FAIZ ALAM KHAN, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the State and Mr. Dharmendra Kumar Gupta, learned counsel for the complainant/informant and perused the record.
Counter affidavit filed on behalf of the complainant/informant is taken on record.
2. This bail application has been moved by the accused/applicant-Geeta Devi for grant of bail in Case Crime No. 0300 of 2023, under Sections 498-A and 304-B I.P.C. read with Section 3/4 of the Dowry Prohibition Act, Police Station Talgaon, District Sitapur, during trial.
3. Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and she has not committed any offence, as claimed by the prosecution.
4. It is further submitted that the applicant is the mother-in-law of the deceased who appears to have committed suicide a little after two years of her marriage with the son of the applicant. Since the marriage of son of the applicant with the deceased, they are living separately in the same house and the applicant was not having any concern with their affairs. It is vehemently submitted that since the appl
The court considered the nature of the offence, the absence of previous criminal history, and the overall facts and circumstances of the case in granting bail to the accused-applicant.
The absence of specific allegations, nature of evidence, and post mortem report indicating death by hanging influenced the court's decision to grant bail.
A dying declaration is admissible and reliable evidence if it is recorded promptly and there are no allegations of tutoring.
Bail granted based on lack of supporting evidence from prosecution witnesses and absence of criminal history of the applicant.
The court has the discretion to grant bail to the accused, considering the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is that bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure thei....
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