Allahabad High Court

Kusuma vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 July, 2023

Author:
Pankaj Bhatia

Bench:
Pankaj Bhatia

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Neutral Citation No. - 2023:AHC-LKO:47814

Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9243 of 2023

Applicant :- Kusuma

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Manoj Gupta,Sudhaker Prakash

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 applicant seeks bail in Case Crime No.111 of 2023, under
Section 498A
,
304B
IPC and 3/4 of
D.P. Act
, P.S. Rampur Mathura, District -Sitapur.

3. The FIR in question was lodged alleging that the applicant, who is the mother in law of the victim and is aged about 68 years, the offence in question was lodged alleging that the entire matrimonial family used to demand dowry and on non-payment thereof, the victim was killed and hanged.

4. Learned counsel for the applicant argues that the post-mortem report on record indicates the cause of death as anti-mortem hanging without there being any other injuries depicted over the body in question. It is argued that the applicant is 68 years of age and there is nothing to demonstrate that there was any demand of dowry at the instance of offence in question before the incident or in the close vicinity so as to attract the offence under
Section 304
IPC.

5. Learned AGA opposes the bail application by arguing that the offence in question is serious.

6. Considering the submissions made at bar, prima-facie, from the perusal of the post-mortem report, no sign of physical injury was present on the body of the victim, the allegations on record do not demonstrate any demand of dowry at the instance of the applicant before the death or in the close vicinity. The applicant being a lady and has no previous criminal antecedent is entitled to be enlarged on bail.

6. Let the applicantKusuma be released on bail in Case Crime No.0111 of 2023, under
Section 498A
,
304B
IPC and 3/4 of
D.P. Act
, P.S. Rampur Mathura, District -Sitapur on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court 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 he 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Order Date :- 21.7.2023

-Amit K-