Allahabad High Court
Uma Devi And Another vs State Of U.P. And Another on 19 May, 2022
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 72
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2049 of 2022
Applicant :- Uma Devi And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Praveen Kumar Shukla
Counsel for Opposite Party :- G.A.,A.B. Sinha,A.C.Tiwari(Ac)
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Praveen Kumar Shukla, learned counsel for the applicant, Sri A.C. Tiwari, learned counsel for the first informant and Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed on behalf of applicants Smt. Uma Devi and Nandini @ Rinki Devi under Section 438 of the Code of Criminal Procedure, with a prayer to release them on anticipatory bail in Case Crime No. 0186 of 2021, for offence punishable under Sections 498-A, 304-B, 328 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act, 1961 registered at Police Station- Mau, District- Chitrakoot, till the conclusion of the trial.
Learned counsel for the applicant submits that applicant no. 1 & 2 presently resided at Imlibhatha Mahasamund, Chhattisgarh as applicant no. 1's husband Banshidhar Dubey is working as Security Guard in Zila Sahkari Kendriya Bank Maryadit, Raipur, Chhattisgarh and they were resided since 2006, in support of his submission he placed reliance upon a Full Bench judgment of this Court in Ankit Bharti vs. State of U.P. and another, 2020 (3) ADJ 165 (F.B.).
Brief facts of the present case are that the first information report dated 16.10.2021 has been lodged against applicant and two other family members of the applicant by father of the deceased stating therein that the marriage of his daughter was solemnized with co-accused Tukesh Dubey and he has given Rs. 5 lacs cash, 5 tolas gold and 1 kg silver ornaments, two buffaloes and other house hold articles on the marriage of his daughter. After marriage, the in-laws of the deceased were not satisfied with the dowry given by the first informant and demanded Rs. 5 lakh cash, a car and the ownership of the house of the first informant to be transferred in favour of her husband otherwise they are threatened with death and tortured. When the daughter of the first informant came to her in-law's house again they committed marpit and harassment due to non fulfillment of their dowry demand. On 12.10.2021 they informed to the first informant that his daughter is ill and they took her to Savitri Nursing Home, Shankargarh and after receiving this information, the first informant reached to the Savitri Nursing Home but no one was present there. After that he went to his daughter's in-law's house and saw that his daughter was dead and her eyes and tongue were blue and her lips, feet and soles of her hands were black in colour. They committed murder of his daughter by administering poisonous substance.
Learned counsel for the applicant submits that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. It is further submitted that after the death of the daughter of the first informant, it came into light that there are more than 100 messages between the deceased and one Shiva which shows that the deceased having love affairs with one Shiva and she did not want to live with the son of the applicant no. 1 and she had already made up her mind to commit suicide when she was at her parents house she swallowed some intoxicant substance on Navratri. He next submitted that the husband of the deceased Tukesh Dubey is in judicial custody.
It has also been submitted that co-accused, Banshidhar Dubey has similar role, has already been enlarged on interim anticipatory bail by the Coordinate Bench of this Court vide order dated 22.02.2022 in Criminal Misc. Anticipatory Bail Application No. 1247 of 2022.
It is further submitted that the applicants are no more required for custodial interrogation. The applicants have no criminal history and they have not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicants are ready to participate in the investigation.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for anticipatory bail of the applicants.
It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty.
Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out.
Learned A.G.A. as well as learned counsel for the first informant may file their counter affidavit within two weeks.
Rejoinder affidavit, if any, may be filed within one week thereafter.
Put up this case as fresh for final hearing on 13.06.2022.
In case of arrest, the applicants, Smt. Uma Devi and Nandini @ Rinki Devi are directed to be enlarged on interim anticipatory bail in above case crime number till the conclusion of trial, on their furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:-
(i) The applicants shall make themself available for interrogation by the police officer as and when required, if investigation is in progress;
(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 such person from disclosing such facts to the Court or to any police officer;
(iii) The applicants shall not leave the country without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned;
(iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked;
(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.
The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order.
Order Date :- 19.5.2022
Ishan
