Allahabad High Court
Smt. Kusum vs State Of U.P. on 25 August, 2023
Bench: Shekhar Kumar Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:172089
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9660 of 2023
Applicant :- Smt. Kusum
Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais
Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate for the State.
2.The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.307 of 2023, registered under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, at Police Station- Behat, District Saharanpur with a prayer to enlarge her on anticipatory bail.
3. As per prosecution story, the marriage of the deceased person was solemnized with the son of the applicant Yatendra Chauhan @ Banti as per Hindu rites about five years before her death. The applicant and other family members are stated to have subjected her to cruelty for demand of dowry, and thereby, she is stated to have consumed some poisonous material leading to her death on 15.6.2023.
4. Learned counsel for the applicant submitted that applicant is mother-in-law of the deceased, she is suffering from old age ailments; the applicant is innocent and has been falsely implicated in the present case. Learned counsel has further stated that the applicant lives separately to the husband Yatendra Chauhan @ Banti. Learned counsel for the applicant has claimed parity with the co-accused- Birbal Singh (father-in-law of the deceased), who has already been granted anticipatory bail by co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.9311 of 2023, vide order dated 18.08.2023, copy of the same is produced by learned counsel for the applicant, is kept on record. Learned counsel for the applicant further submitted that the applicant has no criminal history.
5. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant.
6. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court.
7. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant- Smt. Kusum, involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation.
(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 her from disclosing such facts to the Court or to any police officer.
(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence and 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 bail and pass orders in accordance with law to ensure presence of the applicant.
(vi) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(vii) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
8. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
9. With the aforesaid observations/ directions, the application stands allowed.
Order Date :- 25.8.2023
Krishna*
