Allahabad High Court
Maya Devi Alias Maya vs State Of U.P. Thru. Prin. Secy. ... on 19 July, 2023
Bench: Subhash Vidyarthi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:47015
Court No. - 16
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1605 of 2023
Applicant :- Maya Devi Alias Maya
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Civil Secrett. Lko.
Counsel for Applicant :- Gautam Siddharth Kashyap,Himanshu Singh
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Gautam Siddharth Kashyap & Sri Himanshu Singh, the learned counsel for the applicant as well as Sri Rajiv Kumar Verma, learned Additional Government Advocate appearing on behalf of the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.262 of 2020, under Sections 304-B, 498-A I.P.C. and Section 3 and 4 of Dowry Prohibition Act, registered at Police Station Kotwali Nagar, District Balrampur.
3. The aforesaid case has been registered on the basis of a F.I.R. lodged on 06.08.2020 against five persons, including the applicant, stating that the informant had got his daughter married to the applicant's brother co-accused Ashish Kumar about a year ago; that all the accused persons used to harass her for demanding dowry and she died of hanging on 06.08.2020.
4. The postmortem examination report of the dead body of the deceased mentions six ante mortem injuries and the cause of death has been opined to be ante mortem throttling. After investigation the Investigating Officer has submitted a charge sheet on 06.12.2020 against the applicant's brother Ashish Kumar and her father Swami Nath and rest of the accused persons were exonerated. After recording of the statement of the informant and his wife the application under Section 319 Cr.P.C. was filed for summoning the rest of the accused persons, the application was allowed by means of an order dated 25.11.2022, passed by learned Sessions Judge, Balrampur. The aforesaid order was challenged before this court by filing Criminal Revision No.1268 of 2022, which was allowed by means of judgment and order dated 17.03.2023 and the order was set aside and the matter was remanded. After the remand the Additional Sessions Judge/Special Judge NDPS Act, Balrampur passed an order dated 06.06.2023 summoning the applicant and her brother Sanjay @ Sanjay Kumar. The application in respect of another co-accused Pradeep Kumar was rejected.
5. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, she has no criminal history and she has falsely been implicated in the present case. All the other co-accused persons have already been enlarged on bail and the copies of their bail orders have been annexed as Annexure Nos.14 and 15 to the affidavit filed in support of the application.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.IR. contains general allegations against all the accused persons and no specific allegation has been levelled against the applicant; that the Investigating Officer found the charges against the applicant to be not established and that all the other co-accused persons have already been enlarged on bail coupled with the fact that the applicant is a woman and she has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.
8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Maya Devi @ Maya before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:
(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;
(ii). That 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 to any police officer or tamper with the evidence;
(iii). That the applicant shall not pressurize/ intimidate the prosecution witness;
9. In default of any of the conditions mentioned above or it is found that applicant has obtained this order concealing any material facts, the Investigating Officer shall be at liberty to file appropriate application for vacation of this order.
(Subhash Vidyarthi, J.)
Order Date :- 19.7.2023
Ram.
