Allahabad High Court
Sheela Devi vs State Of U.P. on 21 September, 2023
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:183455 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39474 of 2023 Applicant :- Sheela Devi Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Abhishek Tiwari, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record..
3. This application for bail has been filed by applicant Sheela Devi, seeking her enlargement on bail in Case Crime No. 304 of 2023 under Sections 498A, 304B, 323, 504 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Khoda, District- Ghaziabad, during the pendency of trial.
4. Record shows that in respect of an incident, which is alleged to have occurred on 18.05.2023, a prompt F.I.R. dated 18.05.2023 was lodged by first informant Rinku Singh and was registered as Case Crime No. 304 of 2023 under Sections 498A, 323, 504, 304B I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Khoda, District- Ghaziabad. In the aforesaid F.I.R. seven persons namely Rishipal, Mitthan Lal, Sheela Devi, Bhai Akassh, Vikas, Lakshmi Devi and Banti have been nominated as named accused.
5.Learned counsel for applicant submits that applicant is the mother-in-law of the deceased. Though the applicant is a named as well as charge-sheeted accused inasmuch as charge sheet has been submitted against applicant and two other accused on 05.08.2023 yet she is liable to be enlarged on bail. Attention of the Court was invited to the provisions contained in proviso to Section 437 Cr.P.C. and on basis thereof, he submits that since the applicant is a lady therefore she is liable to be enlarged on bail.
6. Learned counsel for applicant further contends that the named and charge-sheeted co-accused Mitthan Lal i.e. husband of the applicant/father-in-law of the deceased has already been enlarged on bail by this Court vide order dated 23.08.2023 passed in Criminal Misc. Bail Application No.37125 of 2023 (Mitthan Lal Vs. State of U.P.). For ready reference, the order dated 23.08.2023 is reproduced herein-under:
"1. Sri Rajesh Kr. Advocate filed his power today on behalf of the informant, which is taken on record.
2. Heard Sri Abhishek Tiwari, learned counsel for the applicant; Sri Rahul Yadav, Advocate holding brief of Sri Rajesh Kumar, learned counsel for the informant and Kunwar Tejendra Bahadur Singh, learned AGA for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 304 of 2023, under Sections 498A, 304B, 323, 504 IPC and 3/4 DP Act, Police Station Khoda, District Ghaziabad, during pendency of the trial in the court below.
4. FIR of the present case was lodged against the applicant and his family members including his son i.e. husband of the deceased and according to the FIR, marriage of the son of the applicant was performed with the deceased on 6.12.2021 and after marriage, applicant and his family members tortured her for demand of dowry and on 18.5.2023 due to the torture of the applicant and his family members, sister of the informant i.e. deceased committed suicide.
5. Learned counsel for the applicant submitted that totally on the basis of false allegation of demand of dowry and torture, applicant has been made accused the present matter only being father in law of the deceased.
6. He further submitted that actually applicant resided separately in Delhi and he is Supervisor in Parliament of India, he was not having any concern with family affairs of the deceased and her husband.
7. He further submitted that post mortem of the deceased suggested that she died due to hanging and therefore, possibility cannot be ruled out that some dispute arose between husband and wife and thereafter, she committed suicide.
8. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 9.7.2023, therefore, he may be released on bail.
9. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail but could not dispute the fact that applicant is father in law of the deceased and no specific allegation has been made against him and he is Supervisor in Parliament of India, New Delhi and as per autopsy report deceased died due to hanging.
10. I have heard learned counsel for the parties? and perused the record of the case.
11. Although, daughter in law of the applicant died within one and a half years of her marriage in her matrimonial home under abnormal circumstances but applicant is father in law of the deceased and no specific allegation has been levelled against him.
12. Further, autopsy report of the deceased suggests that the deceased died due to hanging and in para-7 applicant has made specific averment that he is Supervisor in Parliament of India and also resided separately alongwith his wife and two sons Akash and Vikash in New Delhi.
13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.
14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
15. Let the applicant-Mitthan Lal 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.
16. In 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.
17. It 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 :- 23.8.2023 "
7. On the above premise, the learned counsel for applicant contends that the case of present applicant is similar and identical to that of named and charge-sheeted but bailed out co-accused Mitthan Lal. He also contends that there is no such distinguishing feature on the basis of which case of present applicants can be so distinguished from the aforesaid bailed out co-accused so as to deny her bail. On the above premise, the learned counsel for applicant contends that in view of above and for the facts and reasons recorded in the bail order dated 23.08.2023 of co-accused Mitthan Lal, applicant is also liable to be enlarged on bail on the ground of parity.
8. It is then contended by learned counsel for applicant that bonafide of applicant is also explicit from record that prima facie the death of deceased is a suicidal death. As per post mortem report, no other internal or external ante mortem injury was found on the body of the deceased except the ligature mark. Even otherwise applicant is a woman of clean antecedents inasmuch she has no criminal history to her credit except the present one. Applicant is in custody since 09.07.2023. As such, he has under-gone more than two months of incarceration. The police report (charge-sheet) in terms of Section 173 (2) Cr.P.C. has already been submitted, therefore the entire evidence sought to be relied upon by the prosecution against applicant stands crystallised. Upto this stage, no such incriminating circumstance has emerged necessitating the custodial arrest of applicant during the pendency of trial. He therefore contends that applicant is liable to be enlarged on bail. In case the applicant is enlarged on bail, she shall not misuse the liberty of bail and shall co-operate with the trial.
9. Per contra, the learned A.G.A. for State has opposed the prayer for bail. He submits that since the applicant is a named as well as charge sheeted accused, therefore, she does not deserve any indulgence by this Court. Criminality committed by named/charge sheeted accused is joint and common. As such, same is incapable of being separated or segregated. It is thus urged that no sympathy be shown by this Court in favour of applicant. However, he could not dislodge the factual and legal submissions urged by the learned counsel for applicant with reference to the record at this stage.
10. Having heard the learned counsel for applicant, the learned A.G.A. for State, upon consideration of material on record, evidence, nature and gravity of offence, accusations made as well as complicity of applicant coupled with the fact that since applicant is a lady, she is therefore entitled to the benefit of the provisions contained in proviso to Section 437 Cr.P.C, the bonafide of the applicant is explicit from the fact that except for the ligature mark no other external or internal ante mortem injury was found on the body of the deceased, bonafide of the applicant is explicit from the fact that prima facie the death of the deceased is a suicidal death, except for the ligature mark, the autopsy surgeon did not find any external or internal injury on the body of the deceased, named/charge sheeted accused Mitthan Lal (father in law of the deceased)/ husband of applicant has already been enlarged on bail, case of present applicant is similar and identical to that of named and charge-sheeted but bailed out co-accused Mitthan Lal, there is no such distinguishing feature on the basis of which case of present applicants can be so distinguished from the aforesaid bailed out co-accused so as to deny her bail, the police report in terms of Section 173 (2) Cr.P.C. has already been submitted therefore the entire evidence sought to be relied upon by the prosecution against applicant stand crystallised, yet in spite of above the learned AG.A. could not point out any such circumstance from the record necessitating the custodial arrest of the applicant, the clean antecedents of applicant, the period of incarceration undergone but without expressing any opinion on the merits of the case, applicant has made out a case for bail.
11. Accordingly, present application for bail is allowed.
12. Let the applicant-Sheela Devi,involved in aforesaid case crime number be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) Applicant will not tamper with prosecution evidence.
(ii) Applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of. trial in any manner whatsoever.
(iii) Applicant will not indulge in any unlawful activities.
(iv) Applicant will not misuse the liberty of bail in any manner whatsoever.
13. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of applicant and send her to prison.
Order Date :- 21.9.2023 YK