Allahabad High Court
Smt Bhudevi vs State Of U.P. And Anotehr on 3 December, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5907 of 2020 Applicant :- Smt Bhudevi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A., A.K. Mishra Hon'ble Siddharth,J.
Heard SriAditya Prasad Mishra,learned counsel for the applicant; Sri A.K. Mishra,learned counsel for the informant and learned A.G.A. for the State.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application The instant anticipatory bail application has been filed on behalf of the applicant,Smt Bhudevi,with a prayer to release her on bail in Case Crime No. 394 of 2019, under Sections- 323, 498-A, 304-B, 313 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station- Farah, District- Mathura.
There is allegation in the FIR that theapplicant, who is mother-in-law of the deceased along with other family members were demanding dowry from the deceased and she was being subjected to torture and therefore she died onaccount of burning. Counsel for theapplicant has placedbefore this court the dying declaration of thedeceased wherein she has stated that she has a child aged about two years and the second child was in the womb for last three months. There is dispute between her and herhusbandregarding the termination of pregnancy. On the fateful day the husband stated that either he will kill her or hewill kill himself but will not keep her in the house. It is furtherbeenalleged on thefateful day thehusband and wifeentered into quarrel on the roof of thehouse and the husbandpoured kerosene oil over thedeceased and put her on fire. She has further stated that along with her husband theapplicant and other family members were also there.
Counsel for the applicant hassubmitted that theapplicant is aged about 76 years and is not able to climb the roof easily. She issuffering from heartdiseaseand isunder treatment.There is no specific role assigned to her in the dying declaration. Onlyallegation is that she wasalsowith the husband of the deceased.She has beenfalsely implicated in this case. Thedeceased had died due to dispute with her husband. The applicant has definite apprehension that she may be arrested by the police any time.
Learned counsel for the informant and learned A.G.A have vehemently opposed the bail application and have submitted that there is clear allegation against the applicant in the FIR. Therefore she does not deserves to be enlarged on anticipatory bail.
Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and her antecedents, the applicant is entitled to be released on anticipatory bail for limited period in this case considering the exceptions considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98and order dated 22.05.2020 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2609 of 2020.
In the event of arrest of the applicant, she shall be released on anticipatory bail till the submission of police report, if any, under section 173 (2) Cr.P.C. before the competent Court on furnishing a personal bond of Rs. 25,000/- 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 applicant shall make herself available for interrogation by the police officer as and when required;
(ii) 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 from disclosing such facts to the Court or to any police office;
(iii) The applicant shall not leave India without the previous permission of the Court and if she has passport, the same shall be deposited by her before the S.S.P./S.P. concerned;
(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.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicant is directed to produce a copy of this order downloaded from the official website of this Court before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 3.12.2020 Rohit