Allahabad High Court
Sudhara Devi vs State Of U.P. on 13 July, 2022
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13115 of 2022 Applicant :- Sudhara Devi Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah,Prem Prakash Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.205 of 2021 at Police Station-Bhadohi, District-Bhadohi under Sections 498A, 304B IPC and Section 3/4 of the Dowry Prohibition Act. The applicant is in jail since 05.09.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.1, Bhadohi on 12.11.2021.
Shri Syed Shahnawaz Shah, learned counsel assisted by Shri Prem Prakash, learned counsel for the applicant contend that the applicant has been falsely implicated in the instant case. The applicant is the mother-in-law of the deceased. The applicant never tortured her daughter-in-law nor did she demand any dowry. The applicant is bereaved by death of her daughter-in-law. However, for the purposes of the bail application, it is submitted that the deceased was a temperamental lady who was prone to extreme reactions even on trivial issues. The husband of the deceased earlier worked for a living at Allahabad and the deceased used to stay with him at Allahabad. The husband of the deceased is an e-rickshaw driver. However, due to Covid-19 pandemic, the family suffered severe financial reverses. After the lockdown eased the husband of the deceased came back to Allahabad to ply his e-rickshaw. Because of paucity of funds and financial destitution, he could not arrange the accommodation for his family. The deceased was upset and even depressed by the prolonged separation from her husband. On the fateful day, the deceased locked herself in a room and after killing her infant child, she committed suicide. The applicant became suspicious when the deceased did not open her room in the morning despite being called several times. She promptly informed her family members. The husband of the deceased made an application before the police authorities that the room of the deceased was locked from inside and the deceased was not responding. The inquest report records that the room was broken into in presence of the police officials and other witnesses and the body of the deceased and her son were found hanging and had to be down. The post mortem report opines that the death was caused by asphyxia as a result of antemortem hanging. The antemortem injuries referenced in the post mortem report are ligature marks which are consistent with the hanging. The post mortem report records that no abnormality was detected in the hyoid bone. The applicant did not abet or instigate the decease to commit suicide. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from the instant case.
Shri Rishi Chaddha, learned A.G.A. could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
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-Sudhara 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 concerned subject to following conditions.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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 her from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.7.2022 Ashish Tripathi