Allahabad High Court
Ruchi Gupta Alias Priyanka Gupta vs State Of U.P. Thru. Prin. Secy. Home And ... on 19 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:47325 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 645 of 2023 Applicant :- Ruchi Gupta Alias Priyanka Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Smt. Nalini Prakash Jain Counsel for Opposite Party :- G.A.,Siddharth Shankar Dubey,Sudha Pal Hon'ble Subhash Vidyarthi,J.
On 14.03.2023, after hearing learned counsel for the applicant and learned A.G.A. for the State this court had passed the following order:
"Heard Smt. Nalini Prakash Jain, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present application has been moved by the accused/applicant- Ruchi Gupta Alias Priyanka Gupta, who is apprehending arrest in Case Crime No.364 of 2022, under Sections 498-A, 304-B I.P.C. & 3/4 of the Dowry Prohibition Act, Police Station Mishrikh, District Sitapur, with the prayer to enlarge her on anticipatory bail.
Learned counsel for the accused-applicant while pressing this application submits that the applicant has been falsely implicated in this case and she has not committed any offence as claimed by the prosecution.
It is also submitted that the applicant is the sister-in-law (Nand) of the deceased and was living with her parents and was not having any concern with the affairs of the deceased or her husband (her brother) and her name has been dragged into this case without their being any basis.
It is further submitted that the deceased was suffering from acute bipolar disorder, which is also evident from the various prescriptions of the doctor placed on record from page no.57 to 65 of the paper book and even the Doctor, who was treating the deceased, had warned that the deceased should not be left alone and be always guarded by someone and it is only on the fateful day, the deceased happened to be alone and having regard to the disease with which she was suffering, had committed suicide, which is not having any relation with the demand of dowry or any cruelty in lieu of the same.
It is further submitted that though in the F.I.R. as well as in the statement of the prosecution witnesses, the demand of Rs.10 lakh is being shown, but the same could not be believed in presence of the disease with which the deceased was suffering.
It is also submitted that information of the incident was given to the police station by the husband of the deceased and it was on his information, the inquest was prepared and at the time of inquest, sister, mother and father of the deceased were also present, however, they did not raise any allegation with regard to the demand of dowry and it was only later on the F.I.R. has been lodged after deliberations and on concocted facts.
It is further submitted that general allegations have been levelled against all the family members of the husband of the deceased while the applicant being nand/sister-in-law of the deceased by any stretch of imagination could not be beneficiary of the dowry, which was being allegedly demanded and as she was also residing separately, she could also not be fastened with any liability to explain the circumstances, under which the deceased had committed suicide, which is apparently due to bipolar disorder with which the deceased was suffering. The applicant is not having criminal history.
It is also submitted that the applicant is lady and undertakes to cooperate with the investigation and will remain present before the investigating officer as and when required and there is no apprehension that after being released on anticipatory bail the applicant may flee from the course of law or may otherwise misuse the liberty and she will cooperate in early disposal of the case and will not seek any adjournment. Identically placed co-accused persons (parents-in-law of the deceased) have been granted facility of interim protection by a Coordinate Bench of this Court vide order dated 10.02.2023 passed in Criminal Misc. Anticipatory Bail Application No.336 of 2023.
Learned A.G.A., however, opposes the prayer of anticipatory bail of the applicant on the ground that the applicant has committed heinous offence, therefore, she is not entitled for any protection.
Having heard learned counsel for the parties and having perused the record, it is evident that the deceased was married to Atul Kumar Gupta, who is the brother of the instant applicant, in the year 2019 and on 25.07.2022 the deceased appears to have committed suicide by hanging herself. Various prescriptions have been filed by the applicant with regard to the deceased in order to project that the deceased was suffering from acute depression and bipolar disorder and she was also advised not to be left alone as she could harm herself and on the fateful day she was unfortunately alone and committed suicide. Identically placed co-accused persons (parents-in-law of the deceased) have been granted facility of anticipatory bail by a Coordinate Bench of this Court.
Thus having regard to the reasons mentioned above and keeping in view the law laid down by Hon'ble Supreme Court in Siddharam Satlingappa Mhetre Vs State of Maharashtra and Ors., MANU/SC/1021/2010, Sushila Aggarwal and Ors. Vs. State (NCT of Delhi) and Ors., MANU/SC/0100/2020, Shri Gurbaksh Singh Sibbia and Ors. v. State of Punjab, MANU/SC/0215/1980 : 1980 (2) SCC 565, and Nathu Singh Vs. State of U.P. and Others:(2021) 6 SCC 64, in the considered opinion of this court, having regard to the material/evidence available against the applicant, the applicant may be provided protection from arrest.
Issue notice to the opposite party no.2 returnable within three weeks.
Steps in this regard be taken by learned counsel for the applicant within three working days from today.
List this case on 06.04.2023.
It is provided that till the next date of listing in the event of arrest of the applicant- Ruchi Gupta Alias Priyanka Gupta involved in the above noted case, she shall be released on anticipatory bail on her 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/ Investigating Officer with the following conditions.
(1) The applicant shall make herself available for interrogation or for discovery of any fact by a police officer as and when required;
(2) The applicant 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 applicant shall not leave the District concerned without the previous permission of the Court.
List as directed on 06.04.2023, on which date, this application shall be decided finally.
In the meantime, counter affidavit may be filed by learned A.G.A. as well as by learned counsel for the informant. "
Although a counter affidavit has been filed on behalf of the State, learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
In view of above, the interim order dated 14.03.2023 is made absolute and the anticipatory bail application is allowed.
.
(Subhash Vidyarthi, J.) Order Date :- 19.7.2023 Ram.