Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35757 of 2021 Applicant :- Kishan Lal Opposite Party :- State of U.P.
Counsel for Applicant :- Vandana Gupta,Ashutosh Gupta Counsel for Opposite Party :- G.A. Connected with Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38697 of 2021 Applicant :- Jasoda Opposite Party :- State of U.P.
Counsel for Applicant :- Vandana Gupta,Ashutosh Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pankaj Shukla, learned counsel for applicants and learned A.G.A. for State.
Criminal Misc. Bail Application No. 35757 of 2021 (Kishan Lal Vs. State of U.P.) has been filed by father-in-law, whereas Criminal Misc. Bail Application No. 38697 of 2021 (Jasoda Vs. State of U.P.) has been filed by mother-in-law of deceased.
Criminal Misc. Bail Application No. 35757 of 2021 (Kishan Lal Vs. State of U.P.) came up for orders on 17.12.2021 and this Court passed following order:-
"Heard Mr. Ashutosh Gupta, learned counsel for applicant and learned A.G.A. for State.
At the very outset, learned A.G.A. submits that Criminal Misc. Bail Application No. 38697 of 2021 filed by co-accused is already pending before this Court.
In view of above, connect Criminal Misc. Bail Application No. 38697 of 2021 along with this application.
Matter shall reappear as fresh on 21.12.2021 along with connected matter."
Pursuant to aforesaid order dated 17.12.2021, aforementioned bail applications have come up before this Court and they are being disposed of by a common order.
Perused the record.
These aforesaid bail applications have been filed by applicants Kishan Lal and Jasoda seeking their enlargement on bail in Case Crime No.118 of 2021, under Sections 498-A, 304-B IPC and Sections 3/4 D.P. Act, P.S. Vrindavan, District Mathura during pendency of trial.
Records shows that marriage of Bharati, daughter of first informant Gulab was solemnized with Dharmendra, son of applicants on 18.5.2020. However, just after expiry of a period of 7 months and few days from the date of marriage of son of applicants an unfortunate incident occurred on 11.02.2021, in which daughter-in-law of applicants namely Bharati died as she committed suicide by hanging herself. Information regarding the incident was not given by applicants or any of their family members at the concerned Police Station, but by Inspector of Police at concerned Police Station. Inquest of the body of deceased was conducted in the night of 11.2.2021/12.2.2021. In the opinion of panch witnesses, death of deceased was categorized as suicidal. F.I.R. in respect of aforesaid incident was thereafter lodged by Gulab, father of the deceased on 12.02.2021 and was registered as Case Crime No.118 of 2021, under Sections 498-A, 304-B IPC and Sections 3/4 D.P. Act, P.S. Vrindavan, District Mathura. In the aforesaid F.I.R., five persons namely Dharmendra (husband), Kishan Lal (father-in- law), Smt. Jasoda (mother-in-law), Bhupendra, Jeth (elder brother-in-law) and Raghuveer, devar (brother-in-law) of the deceased have been nominated as named accused. According to prosecution story as unfolded in F.I.R., it is alleged that marriage of Bharati, daughter of first informant was solemnized with Dharmendra, son of applicants on 18.05.2020. At the time of marriage, sufficient amount of dowry was given. However, in-laws of the daughter of first informant were not satisfied with the goods and dowry brought by her at the time of marriage. Consequently, for additional demand of dowry, physical/mental cruelty upon the daughter of first informant was committed. Ultimately, on 11.2.2021, accused persons have committed the death of daughter of first informant namely Bharati. Post mortem of the body of the deceased was conducted on 12.02;2021. In the opinion of Autopsy Surgeon, cause of death of deceased was asphyxia due to hanging. The Autopsy Surgeon found following ante mortem injuries on the body of the deceased:-
"1. "A 'U' shape ligature mark of size 21 cm x 3 cm all around neck extending from right ear to left ear anteriorly, underlying skin impeachment present. Total circumference of neck is 30 cm. Distance of Ligature mark from right ear - 3 cm left ear- 5 cm chin- 6 cm"
Police upon completion of statutory investigation of aforementioned case crime number in terms of Chapter XII Cr.
P. C. ultimately submitted a charge sheet dated 12.2.2021, whereby two of the named accused have been exculpated, whereas three of the named accused i.e. the applicants and husband of deceased herein have been charged sheeted under Sections 304 B, 498A IPC and Sections 3/4 D.P. Act.
Learned counsel for applicants contends that applicant Kishan Lal is the father-in-law, where as applicant Jasoda is mother-in- law of deceased. Applicants are innocent. They have been falsely implicated in above mentioned case crime number. Allegations made in F.I.R. are false and concocted. Applicants are in jail since 13.2.2021. Applicants have clean criminal antecedent as they have no criminal history to their credit. In case, applicants are enlarged on bail, they shall not misuse liberty of bail.
Learned counsel for applicants then invited attention of Court to the provisions contained in Section 437 Cr. P. C. and on basis thereof, he submits that since applicant Jasoda is a lady, she is liable to be enlarged on bail. Both the applicants are above 50 years of age. Only general and omnibus allegations have been made in F.I.R. regarding demand of dowry. Applicants cannot be said to be beneficiary of the alleged demand of dowry On the same set of evidence, three of the named accused have already been exculpated. The absence of any external or internal injury on the body of the deceased clearly speaks of the bona fide of applicants, inasmuch as they have committed no acts, which were caused for the death of deceased. Husband of deceased is already languishing in jail. On the cumulative strength of above, it is urged that applicants are liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual submission urged by learned counsel for applicants.
Having heard learned counsel for applicant, learned A.G.A. for the state, upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and accusation made, but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicants Kishan Lal and Jasoda involved in aforesaid case crime number, be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants shall not seek any adjournment on the dates fixed for evidence when 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.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 absence of the applicants 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 21.12.2021 HSM