LUCKNOW BENCH
AMRITA DEVI – Appellant
Versus
STATE OF U.P. THRU.PRIN.SECY. DEPTT. OF HOME – Respondent
BAIL 8744 2023
Neutral Citation No. - 2023:AHC-LKO:45074
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8744 of 2023
Applicant :- Amrita Devi
Opposite Party :- State Of U.P. Thru.Prin.Secy. Deptt. Of Home
Counsel for Applicant :- Anand Kumar Srivastava,Vivek Kumar
Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and
perused the record.
2. The accused-applicant seeks bail in Case Crime No.128 of
2023 under sections 498-A, 304-B IPC and section 3/4 D.P. Act,
P.S. Rehra Bazar, District Balrampur.
3. The first information report in question was lodged against
the applicant, her son and husband. The applicant is the mother-
in-law and the death of the informant's daughter occurred
within seven years of marriage, although the first information
report contains the allegation with regard to demand of dowry.
No specific allegations with regard to demand of dowry have
been levelled giving any details. The cause of death as revealed
from the postmortem report is antemortem hanging. The body
of the deceased does not indicate any other injury except for
ligature mark around the neck.
4. Considering the fact that the applicant is the lady and there is
no specific assertions against the applicant with regard to
demand of dowry coupled with the fact that the applicant has no
criminal antecedents and is in jail since 07.05.2023, the
applicant is entitled to be enlarged on bail. Thus the bail
application is allowed.
5. Let the applicant Amrita Devi be released on bail in aforesaid
first information report number subject to her furnishing a
personal bond and two reliable sureties each of the like amount
to the satisfaction of the court below concerned with the
following conditions:
(a) The applicant shall execute a bond to undertake to attend the
hearings;
(b) The applicant shall not commit any offence similar to the
offence of which she is accused or suspected of the
commission; and
(c) The applicant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade her from disclosing such facts
to the Court or to any police officer or tamper with the
evidence.
Order Date :- 12.7.2023
VNP/-
Digitally signed by :-
VISHVANATH PRASAD SHUKLA
High Court of Judicature at Allahabad,
Lucknow Bench
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