Allahabad High Court
Smt. Premwati And Another vs State Of U.P. on 17 January, 2023
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 77
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 323 of 2020
Applicant :- Smt. Premwati And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Pandey,Amit Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Amit Kumar Srivastava, learned counsel for the applicants and Mr. Pankaj Srivastava, learned A.G.A. for the State as well as perused the record.
The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No.532 of 2019, under Sections 498A, 304-B, 323 I.P.C & Section 3/4 Dowry Prohibition Act, 1961, Police Station-Cantt., District-Bareilly, with a prayer to enlarge them on anticipatory bail.
On 17.01.2020, the following order was passed:-
"Special circumstances have been explained in terms of the Supplementary Affidavit filed today which is taken on record.
Heard learned counsel for the applicants, Sri Radhe Shyam Maurya, the learned A.G.A. for the State and perused the record.
The instant bail application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicants in Case Crime No. 532 of 2019, under Sections 498-A, 304-B, 323 I.P.C. and 3/4 of the Dowry Prohibition Act, 1961, Police Station Cantt., District- Bareilly.
For the purposes of considering the prayer for anticipatory bail, the Court notes that the applicants who are the in-laws are stated to have been living separately since 2013. The principal allegations are levelled against the husband who is alleged to had illicit relations with one Komal. It is that backdrop that the allegations levelled in the F.I.R. are assailed.
Bearing in mind the threat and apprehension as expressed, let learned A.G.A. file a reply/obtain instructions within a period of three weeks.
List on the expiry of the aforesaid period.
Accordingly and in the meanwhile, let the applicants, namely, Smt. Premwati and Chimman Lal involved in Case Crime No. 532 of 2019, under Sections 498-A, 304-B, 323 I.P.C. and 3/4 of the Dowry Prohibition Act, 1961, Police Station Cantt., District- Bareilly, be released on interim anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the concerned police station subject to the following conditions:-
(i) the applicants will join and participate in each and every aspect of "Investigation" and will lend full assistance to the Investigating Agency even with regard to "discovery of fact" if and when required so by the Investigating Agency or the concerned Court;
(ii) the applicants shall make themselves available for interrogation by a police officer as and when required;
iii) 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 him from disclosing such facts to the Court or to any police office;
(iv) the applicants shall not leave India 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.
In case of default or breach of any of the aforementioned conditions it shall be open to the Investigating Officer to file an appropriate application before this Court for cancellation of the interim anticipatory bail granted."
The aforesaid order was lastly extended on 06.12.2022.
Learned counsel for the applicants submits that applicants are innocent and has been falsely implicated in the present case and they have an apprehension that they may be arrested in the above mentioned case, whereas there is no credible evidence against them. He further submits that charge sheet has already been filed in this case. The applicants have always co-operated in the investigation and have not misused the liberty of aforesaid interim anticipatory bail, which was granted to them on 17.01.2020 by co-ordinate bench of this Court. He further submits that the applicants are in-laws who are living separately since 2013. He further submits that from the post-mortem report of the deceased, it is clear that the cause of death is asphyxia due to ante mortem hanging. As per above report, apart from the ligature mark, there is no external injury on on the body of the deceased, which goes to show that deceased has committed suicide. He further pointed out that the husband of the deceased was already arrested and has been released on bail. He further submits that applicants have no criminal history. Therefore, no purpose would be solved in keeping the application pending and sending the in-laws to jail for such a offence where it is the responsibility of the husband to take care of his wife. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegation made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon length. Learned counsel for the applicants undertakes that they have co-operated in the investigation and are ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail.
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 applicants.
On due consideration to the arguments advanced by learned counsel for the applicants as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicants, the applicants are liable to to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicants shall also be taken care of as per the aforesaid judgment of the Apex Court.
In view of the above, the anticipatory bail application of the applicants is allowed.
Let the accused-applicants- Smt. Premwati and Chimman Lal be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/Court concerned with the following conditions:-
1. that the applicants shall make themselves available for interrogation by a police officer as and when required;
2. that 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 them from disclosing such facts to the court or to any police officer or tamper with the evidence;
3. that the applicants shall not leave India without the previous permission of the court;
4. that in case charge-sheet is submitted the applicants shall not tamper with the evidence during the trial;
5. that the applicants shall not pressurize/ intimidate the prosecution witness;
6. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted;
7. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail.
It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial.
Order Date :- 17.1.2023
Rahul.
