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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Gautam Chowdhary,J.
Devanti Devi – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Gautam Chowdhary, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the record.
2. This is the second bail application moved on behalf of applicant. Her first bail application was rejected by this Court vide order dated 12.02.2024 passed in Criminal Misc. Bail Application No. 6237 of 2024.
3. Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased. Learned counsel further submits that after rejection of first bail application, the trial has commenced. He has drawn attention of the Court to the order sheet of the trial court and submitted that incident is of the year 2023. The case was committed to the court of Session vide order dated 14.03.2024, but till date charge has not been framed and the applicant being an old lady, suffering from several old age diseases and is in jail since 24.11.2023. The order sheet of the trial court is annexed as Annexure-S.A.1 to the supplementary affidavit dated 28.07.2024. He next submitted that, thus, the applicant may be enlarged on bail sympathetically. Several other submissions in order to demonstrate the falsity of the
Bail can be granted based on the applicant's circumstances, provided conditions are imposed to prevent tampering with evidence and ensure trial cooperation.
Dowry Death - Bail granted - There is no reason of apprehension that applicant would not co-operate with trial and her presence cannot be ensured and fact situation tilts in favour of applicant in ab....
The court granted bail on the grounds of prolonged detention without trial and lack of evidence indicating tampering, emphasizing the right to a fair trial.
The court granted bail due to contradictions in the victim's statements and the applicant's lengthy pre-trial detention, emphasizing the need for fair trial rights.
Anticipatory bail can be granted when the nature of accusation and circumstances, including the victim's status, justify such relief.
Bail may be granted on humanitarian grounds, even in serious cases, considering the applicant's age and the completion of the investigation, provided strict conditions are imposed.
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