Allahabad High Court
Mahesh Kumar Yadav vs State Of U.P. Thru. Secy. Home Lko. on 21 September, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:61107 A.F.R. Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9465 of 2023 Applicant :- Mahesh Kumar Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Ashish Kumar Maurya,Vikas Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.
1. Supplementary affidavit filed on behalf of the applicant, is taken on record.
2. Heard Vikas Vikram Singh, learned counsel for the applicant and Sri Rajesh Kumar Singh learned A.G.A.-I for the State.
3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.180 of 2023 under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Bhadokhar District Raebareli
4. It has been submitted by learned counsel for the applicant that the deceased was missing alongwith her one year and half month of child on 18.04.2023.The dead body of child was recovered on 19.04.2023 and dead body of the deceased was recovered on 20.04.2023 from Sharda Canal. FIR was lodged by the father of the deceased mentioning therein that his daughter (deceased) was married with the applicant on 23.05.2019. The applicant and his family members used to harass his daughter and they were demanding additional dowry. The allegation levelled in the FIR is to the effect that the complainant was asked by the applicant to register the agricultural land in his favour because the complainant had no male issue. Learned counsel for the applicant has submitted that the deceased was suffering from schizophrenia and schizoaffective disorder-bipolar deceased. He has invited attention of this Court towards Annexure no.6 to the affidavit filed in support of the bail application which is the papers of All India Institute of Medical Science Raebareli. It has been submitted by learned counsel for the applicant that the deceased was further treated by private doctor Sri G.S. Verma, Verma, Neuro Psychiatric Centre, Raebareli . The medical papers are annexed as Annexure no.7 to the affidavit filed in support of the bail application. Thereafter the deceased was treated by Dr. R.K. Thukral in Lucknow. The diagnosis has been mentioned by the doctor that the deceased is suffering from "Schizophrenia (simple type with paranoid features)3 with Co-existing mixed Anxiety Depressive Symptoms with Decline in Social, Cognitive & Occupational Performance with... Schizoaffective disorder-bipolar type with H/o few Episodes in the past" The medical papers dated 01.04.2023 are annexed as annexure no.8 to the affidavit filed in support of the bail application.The necessary pleadings have been made by the applicant in the affidavit from paragraph 14 to 18 regarding medical treatment done to the deceased. In reply to the said paragraphs no.14-18, it has been stated by the State in the counter affidavit that for three years just after marriage, no medical papers have been shown by the applicant rather the treatment has been done between the years 2022-2023 but the medical papers and medical treatment of the deceased have not been denied by the State.
5. Learned counsel for the applicant has relied upon the paragraph nos. 34, 37 and 38 of the judgment passed in Hon'ble Supreme Court in the case Mariano Anto Burno and another Vs. Inspector of Police reported in 2022 SCC Online SC 1387 where the Apex Court has observed that with respect to bipolar disorder with which the deceased was suffering, it refers to a disorder associated with episodes of mood swings ranging from depressive lows to manic highs. Learned counsel for the applicant has submitted that a person suffering from bipolar disorder becomes sad hopeless or irritable most of the time. Learned counsel for the applicant has submitted that general allegation of dowry demand is attributed and the deceased committed suicide by drowning herself alongwith infant child of one and half year.It cannot be said that the applicant would drown his own daughter alongwith deceased which is quite unnatural. He also relied uponin para -3 under Chapter XXXIII of Modi's Medical Jurisprudence and Toxicology and has submitted that the case of the applicant is supported by the medical jurisprudence of Modi and the deceased was suffering from bipolar disorder that is why she committed suicide. Learned counsel for the applicant has mentioned in paras nos. 3 and 4 of the supplementary affidavit that prior to present case, no FIR was ever lodged by the complainant or the deceased against the applicant or in-laws and after 3 years and 11 months when this incident occurred, the allegation of dowry demand has been levelled against the applicant and his family members.The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 15.05.2023.
6. On the other hand, Sri Rajesh Kumar Singh, learned A.G.A.-I has opposed the prayer for bail and has submitted that it is case of dowry death. The statement of the complainant- father of the deceased has also been recorded under section 161 Cr.P.C. in which he has mentioned that applicant used to ask him to register the land in his favour because he has no male issue and on this pressure his daughter was suffering from bipolar disorder that is why she committed suicide.He also submitted that the allegation of dowry demand is levelled and the marriage has taken prior to four years therefore, section 304-B and 113 of the Evidence Act is attracted and the applicant is not entitled for bail.
7. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the deceased was suffering fromschizophrenia bipolar disorder and she committed suicide, the argument that the applicant himself got treated his wife continuously for one year which is evident from the medical papers annexed in the affidavit filed in support of the bail application, the argument that general allegation of dowry demand is levelled and there was no prior information of any harassment and dowry demand, therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.
8. Let the applicant, namely, Mahesh Kumar Yadav, be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.
Order Date :- 21.9.2023 dk/