Allahabad High Court
Murari Lal Tiwari vs State Of U.P. on 25 January, 2023
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13172 of 2021
Applicant :- Murari Lal Tiwari
Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey
Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.0141 of 2021 under Sections 498-A, 304 B I.P.C. and 3/4 Dowry Prohibition Act, P.S. Chowk, district Lucknow.
Heard Mr. Vivek Raj Singh, learned senior counsel, assisted by Mr. Shantanu Sharma, learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail prayer.
Gist of the issue involved in the present anticipatory bail application is given in order dated 17.11.2021, which is extracted below :
"The present Criminal Misc. Anticipatory Bail Application has been filed under Section 438 Cr.P.C. seeking anticipatory bail in Case Crime No. 0141 of 2021 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act at Police Station Chowk, District Lucknow during pendency of trial.
It has been argued by the counsel for the applicant that from the last note of the deceased, it is evident that she had committed suicide allegedly because of the extra marital affairs of her husband and the role does not indicate any act of torture on the part of the applicant. It has been further argued that in the circumstances, prima facie, there is no evidence for any demand of dowry and, therefore, no offence under Section 304B IPC is made out against the applicant and at the most it could be a case of Section 306 IPC read with Section 113-A of the Indian Evidence Act against the husband of the deceased for abetting her suicide. It has been pointed out that vide order dated 29th September, 2021 passed in Bail No. 8758 of 2021, the husband - Rishabh Tiwari has already been granted bail by this Court. It has been lastly argued that the applicant, who is the father-in-law of the deceased, is aged about 70 years and is not required to be taken in custody for interrogation.
The Additional Government Advocate has opposed the application. The Additional Government Advocate may file his counter affidavit/objection within three weeks from today.
Considering the circumstances of the case, it would be appropriate that the applicant be granted interim protection till the next date of listing.
In view of above, it is provided that in case of arrest of the applicant- Murari Lal Tiwari in the above mentioned case, he shall be released on anticipatory bail on his 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/ Investigating Officer subject to the following conditions:-
(1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required;
(2) 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 them from disclosing such facts to the Court or to any police officer;
(3) The applicant shall not leave the District concerned without the previous permission of the Court.
List on 9.12.2021."
Learned counsel for the applicant submits that a perusal of the suicide note, left by the deceased shows that there is no allegation by her that she was meted out with cruelty or there was demand of dowry at any time in her married life. Thus, no offence under section 304-B I.P.C. could have been made out. Hence, the charge sheet has been filed without collecting relevant material for invoking section 304-B I.P.C.
It is next submitted that the deceased was suffering from depressive disorder. Only after seven days of the marriage, she was treated by the doctor in M. Krishna Medical Centre precisely on 7.12.2020 and the doctor has written in the prescription that she was suffering from depressive disorder. The reason for depressive disorder might be her facial hair which has been noted by the doctor in the prescription dated 24.2.2021.
It is submitted that the petitioner has cooperated in the investigation and further undertakes to cooperate in the trial.
Considering the fact that the applicant who is father in law of the deceased is aged about 71 years, charge sheet has been filed, the applicant has cooperated in the investigation and further undertakes to cooperate in the trial, taking note of the suicide note as well as the medical prescription (supra) and without expressing any opinion on the merit of the case, I am of the opinion that the applicant is entitled to be released on bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial.
In view of the above. the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question after filing of the charge sheet. The accused applicant shall be released on bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions.
(i) 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 him from disclosing such facts to the court or tamper with the evidence;
(ii) The applicant shall not leave India without the previous permission of the court;
(iii)The applicant shall not pressurize/ intimidate the prosecution witness;
(iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted;
(v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail;
Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed.
It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses.
In view of the aforesaid, the anticipatory bail application is allowed.
Order Date :- 25.1.2023
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