SHAMIM AHMED
Shakuntala Devi Alias Madhuri – Appellant
Versus
State Of U. P. Thru Prin Secy Home Deptt Lko. – Respondent
JUDGMENT :
1. Heard Shri Hom Narayan Awasthi, learned counsel for the applicant, Mrs. Kiran Singh, learned AGA-1 for the State and perused the material available on record.
2. The applicant Shakuntala Devi Alias Madhuri has moved the present bail application seeking bail in case crime No. 360 of 2021, under Sections 498-A, 304-B and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Khairighat, District Bahraich.
3. Learned counsel for the applicant submits that first information report has been lodged with delay of about five days without giving any plausible explanation. The applicant is innocent and has falsely been implicated in the present case due to mala fide intention. The applicant is mother-in-law of the deceased. The marriage of applicant’s son and deceased was solemnized on 25.02.2020. The relation between the deceased and the son of the applicant was cordial except some minor dispute which always happens between husband and wife. As per the version of FIR general allegation regarding additional demand of dowry in the form of Rs. two lacs and a Maruti Car and causing cruelty to the deceased was made against the applicant and her other family members name
The absence of specific allegations, nature of evidence, and post mortem report indicating death by hanging influenced the court's decision to grant bail.
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 court's decision highlighted the importance of considering the nature and gravity of the accusation, as well as the circumstances of the case, in granting bail. It also emphasized the need to imp....
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