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SHEELA DEVI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Sheela Devi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11401 of 2006 [2006] RD-AH 10641 (14 June 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Sheela Devi   indicted in case crime No.213  of 2005  under sections 498-A, 304-B, 201  I.P.C. and 3/ 4 of Dowry Prohibition Act P.S. Pinahat  District Agra.

Heard Shri Mithilesh Kumar Shukla, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The informant's sister (victim) was married to applicant's son about two and half years before the incident. It is alleged that victim was subjected to cruelty by the applicant and co-accused for demand of television and fridge and was done to death on 9.12.2005.It is said that dead body was thrown in Chambal river. The dead body was recovered from the bed of Chambal river. The postmortem certificate indicates the presence of  superficial deep burn all over body except both  sole  both legs and  palm .The cause of death was as a result of shock and ante mortem burn injuries.

The learned counsel for the applicant submitted that the applicant is a mother-in-law of the deceased. The co-accused Raghunath Singh elder brother-in-law of the deceased has been granted bail by this court. The learned counsel argued that the applicant being an old and sick women is entitled to the benefit of proviso appended to section 437 Cr.P.c.

The learned A.G.A. conceded that applicant is the mother-in-law of the deceased. The learned A.G.A. argued that the husband of the deceased was pursuing his job at Delhi and resided there and the victim resided with applicant and co-accused.  

I have taken into consideration the submissions advanced on behalf of both the parties.

The applicant is the mother-in-law of the deceased.The general allegation of demand of dowry has been made against all the accused persons. The case of applicant is similar to co-accused Raghunath Singh.In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Sheela Devi   indicted in case crime No.213  of 2005  under sections 498-A, 304-B, 201  I.P.C. and 3/ 4 of Dowry Prohibition Act P.S. Pinahat  District Agra. , be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/11401/06

14.6.2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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