Allahabad High Court
Smt. Sanju vs State Of U.P. on 22 November, 2022
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52577 of 2022 Applicant :- Smt. Sanju Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Mustafa Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
Heard Mr. Mohammad Mustafa , the learned counsel for applicant and the learned A.G.A. for State.
This application for bail has been filed by applicant Smt. Sanju seeking her enlargement on bail in Case Crime No. 103 of 2022, under sections 498A, 304B IPCand section 3/4 D.P. Act, Police Station- Kathela Samay Mata, District Siddharth Nagar during the pendency of trial.
Perused the record.
It transpires from record that marriage of Ramvilas (son of applicant) was solemnized with Laxmi Devi in accordance with Hindu Rites and Customs. Unfortunately, after expiry of a period of little more than five years from the date of marriage of son of applicant, an unfortunate incident occurred on 25.6.2022, in which the daughter-in-law of applicant namely, Laxmi Devi died as she committed suicide by hanging herself. The information regarding aforesaid incident was not given by applicant or any other member of her family at the concerned Police Station but by Shiv Charan (father of deceased) Subsequently, father of deceased lodged an F.I.R. dated 25.6.2022, which was registered as Case Crime No.103 of 2022, under sections 498A, 304B IPC, Police Station- Kathela Samay Mata, District Siddharth Nagar. In the aforesaid F.I.R. four persons namely, Ramvilas Yadav, Dhuppan Yadav, wife of Dhuppan Yadav, Seema have been nominated as named accused.
The gravamen of the allegations made in the F.I.R. is to the effect that marriage of Laxmi Devi was solemnized with Ramvilas. However, dissatisfied with the goods and dowry given at the time of marriage of daughter of first informant, additional demand of dowry was made. As additional demand of dowry was not fulfilled, physical and mental cruelty was committed upon the daughter of first informant. Ultimately, on 25.6.2022, the daughter of first informant put to death.
After lodging of aforementioned F.I.R., Investigating Officer proceeded with statutory investigation of concerned case crimenumber in terms of Chapter XII Cr.P.C. The inquest of the body of deceased was conducted on 26.6.2022 itself. In the opinion of panch witnesses, the nature of death of deceased was characterized as homicidal. Thereafter, the post mortem of the body of deceased was conducted on same day. The autopsy surgeon found following ante-mortem injuries on the body of deceased:
"Ligatrue mark present in front of neck below chidn above throat size 13 cm V shaped from Lt ear pinna 6 cm and Rt ear pinna 4 cm and from chin 4 cm below and with of ligature mark from Rt side 1 cm and middle 1.5 cm and Lt side 2 cm and both hand finger parasol ........ on (ill eligible)"
Except for the ligature mark, no other external or internal ante-mortem injury was found by the autopsy surgeon on the bady of deceased. In the opinion of autopsy surgeon, the cause of death of deceased was Asphyxia result of ante-mortem hanging.
Investigating Officer during course of investigation, examined first informant and other witnesses under section 161 Cr.P.C, who have substantially supported the prosecution story. On the basis of above and other material collected by Investigating Officer during course of investigation, he came to the conclusion that complicity of only two of the named accused is established in the crime in question. Accordingly he submitted the charge sheet dated 18.9.2022, whereby two of the named namely, Ramvilas Yadav, Dhuppan Yadav, have been charge-sheeted under sections 498A, 304B IPC and section 3/4 D.P. Act, whereas named co-accused Seema has been exculpated.
After submission of afore mentioned charge-sheet cognizance was taken upon same by concerned Magistrate. As offence complained of is triable by Court of sessions, accordingly case was committed by concerned Magistrate to Court of Sessions. Resultantly, Sessions Trial No. 513 of 2022 (State Vs. Sanjay Chauhan) came to be registered. According to learned counsel fora pplicant no prosecution witness has been examined upto this stage.
Learned counsel for applicants contend that though the applicant is a named as well as charge sheeted accused but she is innocent. Referring to medical evidence on record he submits that the bonafide of the applicant is explicit from the fact that the except for the ligature mark, no other internal or external ante mortem injury was found on the body of deceased. It is next submitted that the deceased was a short tempered lady and she has taken the extreme step of committing suicide by hanging herself. Allegations made in the F.I.R. with regard to additional demand of dowry and commission of physical and mental creulty upon deceased on account of non fulfilment of additional demand of dowry are not only false but also concocted. Same are devoid of material particulars and thereafter liable to be ignored. It is contended thatfrom the perusal of F.I.R. it is not apparent that the deceased committed suicide on account of an immediate act of applicant. Learned counsel for applicant then invited attention of court to the provisions contained in proviso to section 437 Cr.P.C and on basis thereof he contends that since applicant is a lady, she is liable to be enlarged on bail. Upto this stage there is nothing on record to show that applicant has even abeted in the commission of alleged crime. It is further contended that husband of deceased, son of applicant is already languishing in jail.
It is lastly contended that applicant isa woman of clean antecedents inasmuch as she has no criminal history to her credit except the present one. Applicant is in jail since 5.8.2022. As such, she has undergone more than 3 and 1/2 months of incarceration. In case applicant is enlarged on bail she shall not misuse the liberty of bail and shall co-operate with the trial.
Per contra, the learned A.G.A has opposed this application. He submits that applicant is a named as well as charge sheeted accused. As such, applicant does not deserve any indulgence by this Court. Allegations made in the F.I.R. with regard to demand of dowry and commission of physical/mental cruelty upon deceased on account of non fulfilment of additional demand of dowry have been found to be true in the investigation. Therefore, applicant has also been charge sheeted under section 498A and 3/4 D.P. Act. The death of the deceased has occurred within seven years of her marriage and therefore there is a statutory presumption by virtue of Section 113B of Evidence Act that death of deceased is a dowry death. Upto this stage, applicant has failed to rebut the statutory presumption against her in terms of Section 113 B of the Evidence Act. The occurrence has occrrued in the house of applicant and therefore, the applicant being an inmate of the house is required to explaint the manner of occurrence. However, the said burden in terms of Section 106 of the Evidence Act has also not been discharged. On the aforesaid premise, learned A.G.A. submits that applicant does not deserve any indulgence by this Court.
Having heard the learned counsel for applicant, the learned A.G.A. for State, upon perusal of material brought on record, as well as complicity of applicant, accusations made coupled with the fact that applicant is a lady, the provision contained in proviso to Section 437 Cr.P.C. the bonafide of applicant is established from the fact that except for the ligature mark, no other external or internal injury was found on the body of deceased, the allegations with regard to demand of dowry and commission of physical and mental cruelty upon deceased on account of non-fulfilment of additional demand of dowry, being devoid of material particulars, but without making any comment on the merits of the case, applicant has made out a case for bail.
Accordingly, the bail application is Allowed.
Let the applicant Smt. Sanju, be released on bail in the aforesaid case crime number 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) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE 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.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) 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 THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 22.11.2022 Arshad