Rinki Devi v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49372 of 2023 Applicant :- Rinki Devi Opposite Party :- State of U.P. Counsel for Applicant :- Samar Bahadur Harijan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Varun Katiyar, Advocate holding brief of Sri Samar Bahadur Harijan, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 308 of 2023, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, Police Station Badalpur, District Gautam Buddha Nagar during pendency of the trial.

¶3FIR of the present case was lodged against the applicant and others and according to the FIR applicant is real sister of the deceased and she is also her Jethani and after marriage of the deceased, she along with other family members, tortured the deceased for motorcycle and Rs. 1 lakh and due to torture of the applicant and others on 05.10.2023 deceased committed suicide by hanging herself.

¶4Learned counsel for the applicant submitted that applicant is the real sister of the deceased and her marriage was also performed with the elder brother of the husband of the deceased, therefore, she was also Jethani of the deceased and there was no occasion for the applicant to torture the deceased for dowry and only general allegation has been made against the applicant.

¶5He further submits that post mortem report of the deceased suggests that deceased died due to hanging. He further submits that applicant is a lady and she is not having any previous criminal history and in the present matter she is in jail since 08.10.2023.

¶6Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that applicant is the real sister and Jethani of the deceased and there is no specific allegation against her and deceased died due to hanging.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that applicant is real sister and Jethani of the deceased and there is no specific allegation against her and deceased died due to hanging, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Rinki Devi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.11.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad