Allahabad High Court
Sushma Sagar vs State Of U.P. 3 Others on 9 September, 2022
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD Reserved on 29.8.2022 Delivered on 09.9.2022 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1336 of 2022 Applicant :- Sushma Sagar Opposite Party :- State Of U.P. 3 Others Counsel for Applicant :- Rajneesh Tripathi,Manu Srivastava,Sr. Advocate Counsel for Opposite Party :- G.A.,Ajay Singh,Chhaya Gupta,Sujeet Kumar Hon'ble Siddharth,J.
Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Rajneesh Tripathi and Sri Manu Srivastava, learned counsels for the applicant; Sri Amrendra Nath Singh, learned Senior Counsel assisted by Ms. Chhaya Gupta and Sri Sujeet Kumar, learned counsels for the informant and Sri Gyan Narayan Kanaujia learned AGA for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Sushma Sagar, with a prayer to release her on bail in Case Crime No.392 of 2019, under Sections 306, 201 IPC and Section 19/21 POCSO Act, Police Station Bhogaon, District- Mainpuri, during pendency of trial.
There is allegation against the applicant that while she was posted as Principal of Jawahar Navodaya Vidhyalaya, Mainpuri, the daughter of the informant was murdered and attempt to rape was also made against her. She was minor at the time of death.
Learned Senior counsel for the applicant submits that an inquiry committee conducted inquiry wherein two Principals of two other Jawahar Navodaya Vidhyalayas were members. Seven findings were recorded by the aforesaid committee and regarding the applicant it was stated that there was gross negligence and apathy of applicant towards the deceased, who was showing visible sings of stress, depression and showing inclination towards suicide. The problems of the deceased were not identified and solved by the applicant and the matron of the school. The committee also found that at the time of suicide, there was absence of electricity, absence of any sound of alarm, late a rousal of girls of the hostel in the morning on the fateful day, variation in handwriting pattern of the deceased in her book and suicide note pointing towards suspicious circumstances in the death of the deceased, etc. It further found that the interaction of deceased with Ajay and Sharad, students of Class XI of the same School, may not be held to be a responsible factor for the death of the deceased.
He has submitted that the aforesaid findings do not implicate the applicant for the alleged offence. The FIR has been lodged prior to the submission of the report of inquiry committee. The applicant has no criminal history to her credit and she is languishing in jail since 13.12.2021.
Learned A.G.A. and learned Senior Counsel for the informant have vehemently opposed the prayer for bail of the applicant. Learned counsel for the informant has submitted that in the present case the applicant is prime accused. She permitted the outsiders to enter into the school premises and did not permitted the investigation to proceed. A third person, namely, Mahendra Pratap Singh, filed a Public Interest Litigation (P.I.L .No.509 of 2020) before this Court praying for fair investigation in the case. The deceased was a minor girl and was first subjected to rape and color of suicide was given to the entire crime committed by unknown accused, who was permitted by the applicant to enter into the school. He has submitted that only after filing of the aforesaid P.I.L. the applicant has been arrested. The alleged offence took place on 16.9.2019 and FIR was lodged on the next date, but the applicant got arrested only on 13.12.2021, i.e., more than of two years of the incident. He has submitted that the post mortem report of the victim clearly shows that she was subjected to strangulation since ligature mark was found all over her neck 29 X 3 cm below right ear, 5 cm below left ear. There was no gap in the ligature mark. The doctor has given opinion that the deceased died due to asphyxia due to ante mortem hanging is not correct. He has further submitted that the deceased was subjected to rape by some influential persons on account of the permission given to them by the applicant to enter into the school premises and thereafter she was strangulated to death. Till date police is not able to collect any evidence regarding the offence of rape committed on the minor girl. The informant has clearly stated in her statement under Section 164 Cr.P.C. that the deceased had informed her prior to her death that co-accused, Ajay, used to make obscene comments. She had also made complaint against co-accused to the applicant, but she did not stop outsiders from coming inside the school. She had named one Ankur Aginhotri, son of Ram Naresh Agnihotri and Krishan Kant Mishra as the persons, who took her in their car and misbehaved with her. Thereafter, she was dropped back bt them to the hostel of the college. She has stated that the boys used to enter the hostel on account of the permission granted by the applicant. She also stated that there were serious injuries in the Punchnama of the deceased, but in the post mortem report no finding was given regarding the injuries and her request for post mortem of the deceased again was ignored and dead body was thrown in the ganga river forcibly after loading it on a steamer.
After hearing learned Senior Counsels for the parties and learned AGA of the State, this Court finds that there is ample evidence on record which points out to the involvement of boys/boy in the present incident with/without collusion of the applicant. The Public Interest Litigation is still pending and dates are being fixed. This Court has found that the deceased was subjected to rape pior to her death. It has also been found that proper investigation in this regard was not done. The Investigating Officer of this case is directed to conduct investigation with regard to the involvement of co-accused Ajay, Ankur Agnihotri and Krishna Kant Mishra, who have been named by the informant in her statement under Section 164 Cr.P.C. and submit its report before this Court on the next date fixed. The names of their parents, their educational qualification, character and status of their parents, their criminal history, if any, and whether their sons they had access inside the school of the applicant shall be placed before this Court. The applicant will lend full co-operation to the investigating officer in his investigation.
Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on interim bail till the next date fixed 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 that :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that she 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 interim bail and pass orders in accordance with law.
(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of her absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) In case the applicant misuse the liberty of interim bail during trial and in order to secure her 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.
(v) 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 interim bail and proceed against him in accordance with law.
(VII) Till the next date fixed, the applicant shall be enlarged on interim bail on the condition that she will co-operate with the investigation regarding the involvement of three boys named above by the informant. She will provide all the information available regarding the aforesaid boys and their parents to the Investigating Officer and also the Investigation Officer shall gather information from other sources during investigation in the above regard. The entire information about the character of the boys and their parents, criminal antecedents, if any, education qualification, proximity to the applicant, evidence regarding their entry in the school of the applicant and any other relevant information regarding their involvement in this case shall be placed before this Court on the next date fixed.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of interim bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case the report of the Investigating Officer is not filed on that date regarding the direction given above, he alongwith Superintendent of Police, Mainpuri, shall be personally present before this Court at 10:00 a.m. sharp on the next date fixed.
The Registrar (Compliance) of this Court is directed to communicate this order to the Superintendent of Police, Mainpuri for necessary compliance.
List this case on 07.12.2022.
In failure to comply this order, the interim bail granted to the applicant shall stand cancelled and he shall be taken into custody forthwith.
Order Date :- 9.9.2022 Ruchi Agrahari