Allahabad High Court
Kalimunnisha @ Rufasana Khatoon And ... vs State Of U.P. And Another on 21 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:145950 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8133 of 2023 Applicant :- Kalimunnisha @ Rufasana Khatoon And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Mohan Mishra,Vishveshwar Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application has been moved on behalf of the applicants Kalimunnisha @ Rufsana Khatoon and Apsana @ Afsana Khatoon seeking anticipatory bail in Case Crime No. 11 of 2023, under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Uska Bazar, District Siddharth Nagar.
2. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
3. It is submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of their arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. It is further submitted that the applicants are married sister-in-law (nanad) of the deceased and they live separately in their respective matrimonial homes. Applicant no.1 was married in the year 2015 and her matrimonial home is situated at District Maharajganj and applicant no.2 was married in the year 2018 and her matrimonial home, though is situated at District Siddharthnagar but same is at the distance of about 40 kilometers from her parental house. It is also submitted that whole prosecution story is baseless and concocted and as a matter of fact deceased committed suicide. Husband of the deceased used to live at U.A.E. in connection with his job and due to this reason the deceased was perturbed and in frustration thereof she committed suicide. In the post mortem report, cause of death of the deceased is found asphyxia due to ante mortem hanging and except ligature mark only two minor abrasions below ear pinna have been found. It is also submitted that no specific allegations have been made against the present applicants regarding the demand of dowry and cruel behaviour with the deceased in the F.I.R.. In the statement under Section 161 CrPC also the witnesses, who are family members of the deceased, have not assigned any specific role to the applicants and no specific occasion, date and time has been stated by them as to when the alleged demand was made. The investigation of the case is going on. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail.
4. Learned A.G.A. opposed the prayer for anticipatory bail.
5. I have considered the rival submissions made by the learned counsel for the parties.
6. It is a case of dowry death of a married lady by hanging within seven years of her marriage and F.I.R. was lodged against four in-laws including the present applicants, who are married sister-in-law (nanad) of the deceased and investigation started which is going on. It further reveals from the perusal of the record that though the applicants are married sister-in-law (nanad) of the deceased yet specific role has been assigned to them in the F.I.R. with the date when they threatened the deceased for dire consequences if Rupees Three Lakhs are not paid as dowry and this fact was disclosed by the deceased to her father, the informant, which prima facie affirms the factum of continuous demand of dowry, cruel behaviour and harassment to the deceased on the part of the present applicants.
7. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.
8. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants, all attending facts and circumstances of the case and the fact that allegations are serious in nature, without expressing any opinion on the merits of the case, in my view, it is not a fit case for anticipatory bail to the applicants. Prayer made in the application is refused.
9. The application is rejected.
Order Date :- 21.7.2023/safi