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'Can't Curtail An Individual's Liberty Due To Lawyers' Strike': Allahabad HC Grants Bail To A Lady In Dowry Death Case
Sparsh Upadhyay
14 Sep 2023 1:06 PM GMT
The Allahabad High Court today granted bail to a woman arrested in July this year in connection with a dowry death case as it stressed that the liberty of an individual cannot be curtailed because lawyers are abstaining from Court.With this, the bench of Justice Siddharth allowed a bail application filed by the applicant-accused (Pratiksha) booked under Sections 498-A, 304-B, 323 IPC and...
The Allahabad High Court today granted bail to a woman arrested in July this year in connection with a dowry death case as it stressed that the liberty of an individual cannot be curtailed because lawyers are abstaining from Court.
With this, the bench of Justice Siddharth allowed a bail application filed by the applicant-accused (Pratiksha) booked under Sections 498-A, 304-B, 323 IPC and Section 3/4 DP Act on the allegations of causing dowry death of her sister-in-law (Bhabhi).
In its order, the Court took note of the record of the case that the deceased had purportedly consumed poison and in her dying declaration, she had made allegations against the applicant, her mother-in-law and her husband. The Court also noted that the victim was treated by her husband in a hospital, but she could not be saved.
Though the AGA opposed her application for bail, however, noting that the applicant-accused has been languishing in jail since July 3, 2023, and that she had no criminal history to her credit, the Court granted her bail in light of Section 437 CrPC.
"Having considered the submissions of the parties noted above, the larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail," the Court further ordered as it allowed the bail plea.
It may be noted that recently the Judges of the Allahabad High Court expressed displeasure over the continued abstinence from work by the lawyers since 30th August, 2023. The lawyers have been abstaining from work across the State of UP due to the Police lathicharge on lawyers in the Hapur District.
Recently, a bench of Justice Kshitij Shailendra observed that the Registrar General had issued due communication on Monday for arguments through Video Conferencing/ Virtual mode from Tuesday onwards. Necessary links for the same were also notified. However, the lawyers in the case before the Court did not appear physically or through virtual mode.
The Court noted that despite “positive intervention” by the High Court on the judicial side through orders in Suo Moto PIL In Re v. Bar Council of U.P., the lawyers were abstaining from judicial work which is leading to fresh cases being piled up every day.
The High Court had taken suo moto cognizance of the incident on September 4 and had directed the Police to register and probe the FIRs of the lawyers on the issue. Last Saturday, it held a special sitting to constitute a judicial committee to address the lawyers' grievances.
Case title - Km. Pratiksha vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 40163 of 2023]
Case Citation: 2023 LiveLaw (AB) 327
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