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2024 DIGILAW 1521 (ALL)

Tetri Devi v. State of Uttar Pradesh

2024-06-03

AJAY BHANOT

body2024
JUDGMENT : Ajay Bhanot, J. Matter is taken up in the revised call. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.68 of 2024 at Police Station-Nagra, District-Ballia, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act. 1961. The applicant is in jail since 15.03.2024. The bail application of the applicant was rejected by the learned trial court on 02.04.2024. The following arguments made by Shri Prabhat Kumr Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant is the mother-in-law of the deceased. 2. The applicant never demanded dowry or torture the deceased nor did she interfere in the matrimonial life of the deceased and her husband. 3. The deceased was a temperamental lady. The deceased was led to believe that her husband was having extramarital affair. She became depressed. 4. On the fateful day, the deceased succumbed to depression and took extreme step of ending her life. She committed suicide by hanging herself. 5. The postmortem report opines that; i. The cause of death as asphyxia due to antemortem hanging. ii. The hyoid bone was intact. iii. Ligature marks are reference which are consistent with the hanging. 6. The applicant did not aid or abet the suicide. 7. The applicant does not have any criminal history apart from the instant case. 8. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of her influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Tetri Devi be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of Uttar Pradesh Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.