High Court · 2025

3. The first bail application of the applicant was rejected vide order dated 26.04.2024, which is reproduced as below:- “1. Counter affidavit on behalf of the informant and rejoinder affidavit on behalf of the applicant, filed in Court today, are taken on record.

2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No. 0523 of 2023, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 of the Dowry Prohibition Act, 1961, Police Station - Nichlaul, District - Maharajganj with the prayer to enlarge the applicant on bail.

4. It has been argued by learned counsel for applicant that applicant is innocent and she has been falsely implicated in this case. Applicant is mother-in-law of deceased. The incident took place on 15.10.2023. It was stated that applicant was residing separately from deceased and her husband. There are four sons of applicant and all were living separately. In this connection, learned counsel has referred observations of investigating officer regarding inspection of spot, wherein he has stated that all the brothers of husband of deceased were residing separately. It was stated that after twelve days, statement of brother of deceased was recorded, wherein he has inter-alia stated that applicant was living with the deceased. Many other family members of deceased have also been examined but they have not made any such statement. Referring to facts of the matter, it was submitted that there is no credible evidence against applicant and she was residing separately from deceased and her husband. Lastly, it was submitted that the applicant is a lady and she is languishing in jail since 16.10.2023, having no criminal history, and that in case the applicant is released on bail, she will not misuse the liberty of bail and will co-operate in trial.

5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that deceased has suffered unnatural death within a short period of six months of her marriage. In postmortem report, two injuries have been shown on the body of deceased and cause of death is ante-mortem strangulation. The brother of deceased has stated that deceased was residing along with applicant. It was stated that besides the husband, only applicant and sister-in-law of deceased were named in the first information report.

6. Considering the submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, at this stage, no case for bail is made out.

7. Accordingly, the instant bail application filed on behalf of the applicant - Smt. Kumari Devi is rejected. "

4. It is submitted by learned counsel for applicant that the applicant is mother-in-law of the deceased and she was residing separately from deceased. The allegations of dowry demand and harassment of deceased are wholly false. It is further submitted that the first bail application of the applicant was rejected by this Court vide order dated 26.04.2024 but trial is still at the initial stage. It is further submitted that medical condition of applicant is quite serious. In this connection, learned counsel has referred the report of Medical Officer of District Jail Maharajganj, which has been annexed along with counter affidavit of the State. In that report, it has been mentioned that applicant is suffering from High B.P., low vision, deformity in ears, dementia and alzheimer and she can move only with the help of others and she is not conscious about her daily routine. Lastly, it was stated that the applicant is a lady and she is in jail since 16.10.2023 and she has no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will co-operate in trial.

5. Learned A.G.A. has opposed the prayer for bail but the aforesaid medical condition of the applicant could not be disputed.

6. Considering submissions of learned counsel for the parties and all attending facts, it appears that medical condition of applicant is quite serious and thus, in view of aforesaid facts, it would be just and appropriate to release the applicant on bail.

7. The bail application is allowed.

8. Let the applicant - Smt. Kumari Devi involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

9. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 5.3.2025 RKM RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

3. The first bail application of the applicant was rejected vide order dated 26.04.2024, which is reproduced as below:- “1. Counter affidavit on behalf of the informant and rejoinder affidavit on behalf of the applicant, filed in Court today, are taken on record.

2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material brought on record.

3. The present bail application has been filed on behalf of the applicant in Case Crime No. 0523 of 2023, under Sections - 498-A, 304-B I.P.C. and Section - 3/4 of the Dowry Prohibition Act, 1961, Police Station - Nichlaul, District - Maharajganj with the prayer to enlarge the applicant on bail.

4. It has been argued by learned counsel for applicant that applicant is innocent and she has been falsely implicated in this case. Applicant is mother-in-law of deceased. The incident took place on 15.10.2023. It was stated that applicant was residing separately from deceased and her husband. There are four sons of applicant and all were living separately. In this connection, learned counsel has referred observations of investigating officer regarding inspection of spot, wherein he has stated that all the brothers of husband of deceased were residing separately. It was stated that after twelve days, statement of brother of deceased was recorded, wherein he has inter-alia stated that applicant was living with the deceased. Many other family members of deceased have also been examined but they have not made any such statement. Referring to facts of the matter, it was submitted that there is no credible evidence against applicant and she was residing separately from deceased and her husband. Lastly, it was submitted that the applicant is a lady and she is languishing in jail since 16.10.2023, having no criminal history, and that in case the applicant is released on bail, she will not misuse the liberty of bail and will co-operate in trial.

5. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail and submitted that deceased has suffered unnatural death within a short period of six months of her marriage. In postmortem report, two injuries have been shown on the body of deceased and cause of death is ante-mortem strangulation. The brother of deceased has stated that deceased was residing along with applicant. It was stated that besides the husband, only applicant and sister-in-law of deceased were named in the first information report.

6. Considering the submissions of learned counsel for the parties, nature of accusations, gravity of the offence and all attending facts and circumstances of the matter, at this stage, no case for bail is made out.

7. Accordingly, the instant bail application filed on behalf of the applicant - Smt. Kumari Devi is rejected. "

4. It is submitted by learned counsel for applicant that the applicant is mother-in-law of the deceased and she was residing separately from deceased. The allegations of dowry demand and harassment of deceased are wholly false. It is further submitted that the first bail application of the applicant was rejected by this Court vide order dated 26.04.2024 but trial is still at the initial stage. It is further submitted that medical condition of applicant is quite serious. In this connection, learned counsel has referred the report of Medical Officer of District Jail Maharajganj, which has been annexed along with counter affidavit of the State. In that report, it has been mentioned that applicant is suffering from High B.P., low vision, deformity in ears, dementia and alzheimer and she can move only with the help of others and she is not conscious about her daily routine. Lastly, it was stated that the applicant is a lady and she is in jail since 16.10.2023 and she has no criminal history and that in case the applicant is released on bail, she will not misuse the liberty of bail and will co-operate in trial.

5. Learned A.G.A. has opposed the prayer for bail but the aforesaid medical condition of the applicant could not be disputed.

6. Considering submissions of learned counsel for the parties and all attending facts, it appears that medical condition of applicant is quite serious and thus, in view of aforesaid facts, it would be just and appropriate to release the applicant on bail.

7. The bail application is allowed.

8. Let the applicant - Smt. Kumari Devi involved in aforesaid case be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.

9. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. Order Date :- 5.3.2025 RKM RAJESH KUMAR MAURYA High Court of Judicature at Allahabad