Kalawati vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 16213 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11549 of 2022
 

 
Applicant :- Kalawati
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko.
 
Counsel for Applicant :- Shri Ram Maurya,Sagar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shamim Ahmed,J.

Counter affidavit filed by the learned A.G.A. is taken on record.

Heard Shri Sagar Singh, the learned counsel for the applicant, Shri Akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the record.

The applicant, Kalawati, has moved the present bail application seeking bail in Case Crime No. 270 of 2022, under Sections 498-A, 304-B I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Dewa, District Barabanki.

Learned counsel for the applicant submits that applicant is the mother-in-law of the deceased and has been falsely implicated in the present case. The applicant is aged about 65 years and is suffering from several old age diseases. The marriage of son of the applicant with the deceased took place two years prior to the date of incident. A general allegation has been made in the F.I.R. regarding demand of additional dowry and on account of non fulfillment therefore, causing cruelty to the deceased. No such demand of dowry was ever made by the applicant or his family members at the time of marriage or after the marriage. The allegation of additional demand of dowry against the applicant is false and has only been made with intention to falsely implicate the applicant along with her other family members. It is also argued by learned counsel for the applicant that the applicant is not beneficiary of the alleged additional dowry which was demanded. The relation of applicant with the deceased, who is her daughter-in-law, was cordial.

Learned counsel for the applicant further submits that at the time of incident the applicant was not present at the place of incident and she was living with her husband at Lucknow, which fact has been stated in para-15 of the affidavit filed in support of the bail application.

Learned counsel for the applicant further submits that there were some minor disputes between the deceased and her husband. The deceased was a short tempered lady and she always insists the son of the applicant to live at Lucknow and on denial by the son of the applicant the deceased was living under mental pressure and stress, and ultimately on the date of incident she committed suicide by handing herself.

Learned counsel for the applicant further submits that as per the postmortem report of the deceased cause of death is asphyxia due to ante mortem hanging and there is only one ligature mark found all around the neck of the deceased. In support of his argument that deceased committed suicide by hanging herself, the learned counsel for the applicant placed reliance upon the extract of Modi's Medical Jurisprudence, wherein definition of hanging has been described. Learned counsel for the applicant submits that the definition of hanging given in Modi's Jurisprudence and the postmortem report of the deceased are almost identical, it appears a case of committing suicide by hanging and not the murder or strangulation, therefore, applicant may be enlarged on bail by this Court sympathetically.

Learned counsel for the applicant has relied upon the judgment of Hon'ble Apex Court in the case of Geeta Mehrotra Vs. State of U.P., (2012) 10 SCC 741 and has submitted that these facts have also been taken cognizance by the Apex Court whereby the Court stated that there are large number of false and frivolous cases lodged against the entire family members of the husband and submitted that there are general allegations against the applicants and therefore giving benefit of the judgment of Apex Court in the case of Geeta Mehrotra (supra) the applicant is liable to be released on bail.

Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that she is ready to cooperate with the process of law and shall faithfully make herself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon her. It has also been pointed out that the accused is not having any criminal history, which fact has been explained in para-22 of the affidavit filed in support of the bail application. The applicant is in jail since 07.06.2022 and has already undergone a substantial period of detention, therefore, the bail application of the applicant may also be considered by this Court sympathetically and she should also be released on bail.

Learned A.G.A. opposed the prayer for bail and has submitted that deceased died in an unnatural circumstance within two years of her marriage, and the applicant is the mother-in-law of the deceased, therefore, her prayer for bail may be rejected.

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also in the absence of any convincing material to indicate the possibility of tampering with the evidence and considering the fact that general allegations with regard to demand of dowry and committing cruelty in lieu thereof have been attributed to all the accused persons named in the first information report including the applicant; the applicant could not be the beneficiary of the demand of dowry as she is mother-in-law of the deceased; she was not present at the time of incident and was residing at Lucknow with her husband, which fact has been stated in para-15 of the affidavit filed in support of the bail application; as per the postmortem report of the deceased cause of death is asphyxia due to ante mortem hanging and there is only one ligature mark found all around the neck of the deceased; as per Modi's Medical Jurisprudence, wherein definition of hanging has been described the postmortem report of the deceased is almost identical, it appears a case of committing suicide by hanging and not the murder or strangulation; further considering the larger mandate of the Article 21 of the Constitution of India and the law laid down by the Hon'ble Apex Court in the cases of Geeta Mehrotra (supra) and Dataram Singh vs. State of UP and another, reported in (2018) 3 SCC 22, this Court is of the view that the applicant may be enlarged on bail.

The prayer for bail is granted. The application is allowed.

Let the applicant-Kalawati, involved in Case Crime No. 270 of 2022, under Sections 498-A, 304-B I.P.C. read with Section 3/4 of Dowry Prohibition Act, Police Station Dewa, District Barabanki, be released on bail on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions :-

(1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever.

(2) The applicant will personally appear on each and every date fixed in the court below and her personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice.

(3) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(4) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

(5) In case, the applicant misuses the liberty of bail during trial, 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 her, in accordance with law, under Section 174-A of the Indian Penal Code.

(6) The applicant shall remain present, 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 bail and proceed against her in accordance with law.

(7) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad or certified copy issued from the Registry of the High Court, Allahabad.

(8) 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.

It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

Order Date :- 9.11.2022

Mustaqeem