Allahabad High Court
Omwati vs State Of U.P. on 12 July, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16820 of 2021 Applicant :- Omwati Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Ramesh Kumar Pandey, learned counsel for the applicant, Sri Ankit Srivastava, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Omwati, seeking enlargement on bail during trial in connection with Case Crime No. 569 of 2020, under Sections 498-A, 304B I.P.C. and Section 3/4 of the Dowry Prohibition Act registered at P.S. Tronica City, District Ghaziabad.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that common and general role has been assigned to all the accused persons in the first information report. It is argued that there was no demand of dowry by the applicant to the deceased as is evident from the statement of the mediator of the marriage Vijendra who is also the brother-in-law of the deceased. The copy of the said statement is annexed as annexure-6 which has been placed for the same. It is argued that the deceased committed suicide which is evident from the postmortem report wherein a single ligature mark was found on her body and the Doctor has opined the cause of death as asphyxia due to antemortem hanging. It is argued while placing paragraphs 9 & 14 of the affidavit in support of the bail application that the applicant is a widow aged about 73 years for which Aadhar card, which is annexed as annexure-7, has been placed before the Court. Annexure-11 has further been placed before the Court and it has been argued that the applicant was living separately from her son and the daughter-in-law who is the deceased. The copy of the ration card of the applicant and co-accused Neha who is the 'Jethani' of the deceased has been placed before the Court, which is annexed as annexure-8. It is further argued that the husband of the deceased is in jail since 25.9.2020 and the said fact has been mentioned in paragraph 13 of the affidavit. It is argued that the case of the applicant is distinguishable with that of husband of the deceased and also she is a lady and is entitled to the benefit of Section 437 Cr.P.C. It is further argued that in the first information report there is specification of demand of dowry but later on for the first time it has come in the statement Smt. Lakhiri that there was demand of a motorcycle by the accused persons. It is argued that the applicant has no criminal history as stated in paragraph 19 of the affidavit and is in jail since 25.9.2020.
Per contra, learned brief holder opposed the prayer for bail and argued that the deceased committed suicide after three months and seven days of her marriage. It is argued that there is an allegation in the first information report and also in the statement of Smt.Lakhiri, the mother of the deceased, of demand of dowry dowry by the applicant. Learned brief holder though did not dispute the pleadings in paragraphs 9, 11, 13 & 14 of the affidavit in support of the bail application as per his instructions. It is argued that the bail application be rejected.
After having heard learned counsel for the parties and perusing the records, it is apparent that the applicant is a lady. She is mother-in-law of the deceased. She is aged about 73 years and was living separately from the deceased and her husband.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Omwati, 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 with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The 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) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
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 and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal,J.) Order Date :- 12.7.2021/nd