Allahabad High Court
Smt. Rashmi @ Sundari And Another vs State Of U.P. on 18 June, 2021
Author: Vivek Agarwal
Bench: Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12094 of 2021 Applicant :- Smt. Rashmi @ Sundari And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kalpana Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Agarwal,J.
1. Heard Ms. Kalpana Singh, learned counsel for the applicants and Sri Gambhir Singh, learned AGA for the State.
2. This anticipatory bail application has been filed on behalf of applicant - Rashmi @ Sundari and Vimla , W/o Dhanpal being aggrieved of registration of case crime no. 0210 of 2021 at police station, Sirsaganj, district Forizabad on 18.4.2021 under sections 147, 452, 323, 504, 506 IPC. It is submitted that date of incident has been shown as 27.10.2020 and there is considerable delay in loding of FIR. It is further submitted that complainant Urmilesh is husband of applicant no. 1 - Rashmi. Applicant no. 2 - Vimla is mother of applicant no. 1 - Rashmi. It is submitted that marriage was performed between Rashmi and Urmilesh on 16.2.2020 but there was some matrimonial discord as a result of which applicant no. 1 was forced to stay with her parental house. It is submitted that on 27.10.2020 a meeting of family members, relatives and other local acquaintance was called so to amicably settle the matter which is realm of matrimonial dispute. It is submitted that applicants were on the receiving in as much as complainant party had decided not to keep applicant no. 1 in their house. When request was made to them for return of dowry then they became aggressive and had brutely beaten the applicant party.
3. Counsel for the applicants submits that with a view to obviate smooth filing of the case under section 498-A and other relevant section of Dowry Prohibition Act, FIR has been lodged as preventive measure. It is submitted that, in fact, applicant party had received several injuries and they also wanted to file report but their report was not taken by the concerned police station then they had to take help of the High Court by filing criminal revision and thereafter as per instructions of the High Court, their report has been accepted. It is submitted that all the injuries sustained either by Urmilesh or Anita are simple in nature and there is neither any fracture and any other major deformity so to attract aforesaid criminal provisions.
4. Counsel for the applicant submits that applicant - Rashmi's mother Vimla was not present nor other persons were present but only Govind and her brother Raunak were present initially but later on her father Dhanpal had met when he was brutally beaten.
5. Sri Gambhir Singh, learned AGA admits that the the complaint is a offshoot of matrimonial dispute. However he submits that there are incise wound present on the body of Urmilesh and therefore benefit of anticipatory bail may not be extended in favour of the applicants.
6. After hearing counsel for the parties and perusing the relevant document, keeping fact that, even applicant party received several injuries, it was merely a dispute between brothers of the applicant to the husband and the applicant.
7. Looking to the facts of the case, taking into consideration the gravity and nature of accusation and there being no possibility of their fleeing from process of justice delivery, this Court is of the view that applicants are entitled for anticipatory bail.
8. Accordingly, let applicants Rashmi @ Sundari and Vimla , W/o Dhanpal implicated in the aforesaid case 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 with the following conditions:-
(i) The applicants shall make themselves available for interrogation by a police officer as and when required, by approaching said police officer within 30 days from today.
(ii) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) The applicants shall not leave India without the previous permission of the Court.
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(v) 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.
(vi) In default of any of the conditions mentioned above or in case it is found that applicant has obtained this order concealing any material facts, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 18.6.2021 S.K.S.