Allahabad High Court
Ravindra Nath Mishra @ Nathu Lal And ... vs State Of U.P. Through Secretary Home ... on 5 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 811 of 2023 Applicant :- Ravindra Nath Mishra @ Nathu Lal And Another Opposite Party :- State Of U.P. Through Secretary Home Department Civil Secretariat, Lucknow And Another Counsel for Applicant :- Devendra Pratap,Shashank Shekhar Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary. Thus, in the opinion of this Court, there is sufficient material available before this Court on the basis of which this anticipatory bail application may be finally adjudicated.
Heard Shri Shashank Shekhar Singh, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present application has been moved by the accused-applicants- Ravindra Nath Mishra @ Nathu Lal and Tara Devi, in Case Crime No. 0032 of 2023, under Section 498-A and 306 I.P.C., Police Station Biswan, District Sitapur, with the prayer to enlarge them on anticipatory bail as they are apprehending arrest in the above-mentioned case.
Learned counsel for the applicants while pressing the anticipatory bail application submits that applicants are the grand parents-in-law of the deceased and they have only been implicated in the instant case on account of their relation with the husband of the decease, who is the grand-son of the applicants and they have not committed any offence as claimed by the prosecution.
It is further submitted that admittedly the marriage of the deceased was solemnized with the grandson of the applicants namely Sudhir about eight years before lodging of the first information report and in the first information report as well as in the statement of the informant and other prosecution witnesses the demand of a 'gold chain' and 'gold ring' has been attributed and also that the deceased was being subjected to cruelty in lieu of such demand. It is vehemently submitted that during eight years stay of the deceased with the son of the applicants no complaint of any kind has been made by the deceased or the informant pertaining to any such demand and, therefore, the allegations of demanding 'gold ring' and 'gold chain' and subjecting the deceased to cruelty in lieu of such demand has been crafted after unfortunate death of the deceased.
It is vehemently submitted that the deceased was suffering from some mental disorders and was being treated in the hospital in the name of 'Noor Manjil' and in this regard learned counsel for the applicant has drawn the attention of this Court towards various prescriptions, which are placed on record, of the deceased.
It is next submitted that the investigating officer has recorded the statement of many witnesses during the course of investigation, who have stated that the applicants (grand-parents-in-law of the deceased) were living separately at their Village Fareedpur Misran Purwa, Police Station Rampur Kalan, District Sitapur and the deceased was living separately with her husband.
It is also submitted that the applicants being the grand parents-in-law of the deceased, by any stretch of imagination could not be the beneficiary of 'gold chain' or 'gold ring', which was being allegedly demanded and as they were living separately, they could also not be fastened with any liability to explain the circumstances under which the deceased had either died or committed suicide, as the same could only be explained by the husband of the deceased, who was admittedly living with the deceased separately. The applicant is not having any criminal history and there is no apprehension that after being granted facility of anticipatory bail, they may flee from the course of law or otherwise misuse the liberty. The husband of the deceased namely Sudhir Kumar Mishra @ Sittu has also been granted regular bail by a co-ordinate Bench of this Court, vide order dated 28.03.2023 passed in Criminal Misc. Bail Application No. 4201 of 2023.
Learned A.G.A. on the other hand opposes the prayer of anticipatory bail of the applicants on the ground that the applicants have committed heinous offence, but could not confront the relation of the applicants with the deceased.
Having heard learned counsel for the parties and having perused the record, it is evident that the admitted case of the prosecution is that the instant applicants are the grand parents-in-law of the deceased. The deceased was admittedly married to the grand son of the applicants about eight years before lodging of the first information report. Separate living has been claimed by the applicants and perusal of the case diary would reveal that the investigating officer during the course of investigation has recorded the statement of independent witnesses Dinesh Chandra Awasthi, Alok Shukla, Ram Prasad Dixit, Sandeep Dixit, Deepu Gupta, Viresh Pratap Singh and Annu Mishra, who all have stated that parents-in-law of the deceased were living separately at their ancestral house Village Fareedpur Misran Purwa, Police Station Rampur Kalan, District Sitapur, while the death of the deceased had occurred in Mohalla Nayi Basti Durgapuri Colony Saptin Purwa, Police Station Biswan, District Sitapur. Admittedly the doctor who had conducted postmortem of the deceased has stated that no injury except 'ligature mark' around the neck of the deceased has been found and also that the deceased had committed suicide. The age of the applicant no.1 is shown as 70 years while the age of applicant no.2 is shown about 58 years. It is specifically undertaken by them that they will co-operate in the investigation and will remain present before the investigating officer as and when their presence would be required.
Thus, having regard to all the facts and circumstances of the case, the instant anticipatory bail application moved on behalf of the applicants, Ravindra Nath Mishra @ Nathu Lal and Tara Devi is finally disposed of in terms that till the submission of police report under Section 173(2) Cr.P.C. before the competent court in the event of arrest of the applicants involved in aforesaid case crime number shall be released on anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned subject to the following conditions:-
(1) The applicants shall make themselves available for interrogation or for discovery of any fact by a police officer/investigating officer as and when required and will cooperate in the investigation.
(2) The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;
(3) The applicants shall not leave the country without the previous permission of the Court.
It is specifically provided that in case of non cooperation of the applicants in the investigation, the State or the investigating officer as the case may be approach this Court for vocation of this protection order.
Order Date :- 5.4.2023/Praveen