Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28564 of 2021 Applicant :- Suman Opposite Party :- State of U.P.
Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.,Badri Mani Tripathi
Hon'ble Samit Gopal,J.
Heard Sri Ansar Ahmad, learned counsel for the applicant, Sri Vinay Bhushan Upadhyay, Advocate holding brief of Sri Badri Mani Tripathi, learned counsel for the first informant and Sri S.B. Maurya, learned counsel 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 applicant Suman, seeking enlargement on bail during trial in connection with Case Crime No. 08 of 2021, under Sections 498-A, 304-B, 323, 506, 307 IPC and Section 3/4 D.P. Act, registered at P.S. Erwa Katra, District Auraiya.
The prosecution version as per the First Information Report lodged on 14.01.2021 by Rajendra Singh the father of the deceased Smt. Mohini @ Priyanka is that his daughter was married with Saurabh on 28.02.2017. After marriage there was a demand of Rs. 5 lakhs and a Swift Dezire car as dowry. His daughter used to be beaten, tortured and harassed due to the demand of dowry which was told many times by her to him. Saurabh the husband, Sunil the jeth, Smt. Usha Devi the jethani (wife of Sunil), mother-in-law Smt. Munni Devi, nand Smt. Suman (the present applicant) and nandoi Ashwani Kumar the husband of Smt. Suman used to beat her for dowry. The first informant consoled his daughter many times but the accused persons did not mend their ways. Around two months back, his daughter was beaten and thrown out of the house and was asked to bring the money and vehicle and then she would be permitted entry in her matrimonial house after which she came to her parental house and was living there. On 13.01.2021 at about 07:30 pm, Saurabh, Sunil and Ashwani Kumar came and fired upon Mohini @ Priyanka due to which she died on the spot. Smt. Sharda Devi the wife of the first informant came on hearing the fire shots after which she was also fired upon by the accused persons who then ran away from the house. Virendra, Praveen and other persons of the village saw them running away and tried to apprehend them but they ran away in their car. Sharda Devi was taken to the hospital where she is being treated. The dead body of his daughter is lying in the house.
Learned counsel for the applicant argued that in so far as the applicant is concerned she has not been assigned role of firing but only general role has been assigned to her. The role of firing has been stated to be done by Saurabh, Sunil and Ashwani Kumar. It is argued that since the applicant has not been assigned any overt act, her role is distinguishable with that of co-accused Saurabh, Sunil and Ashwani Kumar.
It is further argued that even the injured Smt. Sharda Devi in her statement recorded under Section 161 Cr.P.C. has stated about firing by co-accused Saurabh, Sunil and Ashwani Kumar. It is argued that the applicant is the nand of the deceased and she has not been assigned any role of firing and as such her role is distinguishable. Learned counsel has argued that the applicant is residing at a different place being Etawah after being married with co-accused Ashwani Kumar on 05.03.2008 and has a boy who is aged about 11 years old. Paragraph nos. 19 & 23 of the affidavit and Annexure Nos. 13 and 14 being the Aadhar Card and the Ration Card respectively have been placed to buttress the said argument. The applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C. The applicant is in jail since 18.01.2021.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail. It is argued that the applicant is named in the First Information Report and there are allegations of demand of dowry, torture and harassment of the deceased by her along with other co-accused persons after which the deceased was thrown out of the house and was living in her parental house. It is further argued that the deceased has received firearm injury and the cause of death is coma as a result of firearm injury. It is further argued that Smt. Sharda Devi the mother of the deceased and the wife of the first informant has also received firearm wounds of entry and the doctor has opined the same to be dangerous to life. Even the supplementary medical examination states the said injuries to be dangerous to life. It is argued that the three accused persons namely Saurabh, Sunil and Ashwani Kumar were arrested from the house of the applicant. The applicant has active role in the present case as such the prayer for bail be rejected.
After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is named in the First Information Report and there are allegations of demand of dowry, torture and harassment of the deceased. The deceased died as a result of firearm injury. Smt. Sharda Devi the mother of the deceased has also received firearm injuries caused by the accused persons and her injuries were opined to be dangerous to life.
Considering the totality of the case in particular, nature of evidence available on record, nature of offence, the involvement of the applicant, her participation and the seriousness of the offence, I am not inclined to release the applicant on bail.
The bail application is, accordingly, 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.
Order Date :- 30.9.2021 M. ARIF (Samit Gopal, J.)