Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31704 of 2021 Applicant :- Lachiya Devi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Devendra Dahma Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Devendra Dahma, learned counsel for the applicants, Sri S.B. Maurya, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants-Lachiya Devi and Ugar Chauhan @ Ugrah, seeking enlargement on bail during trial in connection with Case Crime No.0169 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 Dowry Prohibition Act, registered at Police Station Nebua Naurangia, District Kushi Nagar.
Learned counsel for the applicants argued that the applicants are the mother-in-law and father-in-law of the deceased respectively. There are general and omnibus allegations against the applicants and Ranjeet Chauhan, the son of the applicants who is the husband of the deceased. It is further argued that the deceased committed suicide by consuming poison as she was interested in marriage with someone else but the present marriage was a forced marriage, as such she was not happy with the present marriage and committed suicide, para 14 has been placed before the Court to buttress the said argument. Even the factum of suicide is evident from the postmortem report wherein the doctor has specifically mentioned that there was no external injury seen on the body of the deceased and viscera was preserved, report of which shows that Aluminum Phosphide poison was found in it. There is vague allegations regarding demand of dowry in the FIR and the applicants have been falsely implicated in the present case. The parents of the deceased were given information who came to the house of the applicants and then she was taken to two hospitals for treatment to save her life but she could not be saved. The applicant no.1 is a lady and is entitled to get benefit of Section 437 Cr.P.C. It has also been pointed out that the applicants are not having any criminal history as stated in para 4 of the affidavit and are in jail since 25.05.2021.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the marriage of the deceased was solemnized with Ranjeet Chauhan, the son of the applicants on 28.06.2020 and the incident in the present case is of 20.07.2020 which is after twenty two days of the marriage only. The deceased has died in her matrimonial house after twenty two days of her marriage and the death is unnatural. The applicants were also residing in the same house. The viscera report states of Aluminum Phosphide poison being present in the viscera. There are allegations in the FIR and the statement of the first informant about demand of dowry and torture. There was no attempt till the family members of the deceased reached the house of the applicants for saving her by the accused persons. It was only after family members of the deceased reached the matrimonial house of the deceased, she was taken to the hospital.
After hearing the counsel for the parties and perusing the record, it is apparent that the deceased died after twenty two days of marriage in her matrimonial house. Poison has been recovered in her viscera report. There are allegations against the applicants in the FIR.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal, J.) Order Date :- 22.9.2021 Gaurav