Kavita Devi v. State of U.P. and 2 Others

Court No. - 72 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11372 of 2023 Applicant :- Kavita Devi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Yogendra Singh Bohra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard Sri Yogendra Singh Bohra, learned counsel for the applicant and Ms. Ifra Islam, learned A.G.A. for the State and also perused the record.

¶2The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0180 of 2023, under Section 306 of IPC, Police Station Aurangabad, District Bulandshahar, with a prayer to enlarge her on anticipatory bail.

¶3As per the allegations of the FIR, the marriage of the son of the applicant was solemnized with the deceased as per Hindu Rites on 01.07.2018, as such, she was subjected her to cruelty for a demand of dowry, thereby leading her to commit suicide within the precincts of her maternal home on 03.04.2023 at about 12:00 PM. Her last rites were conducted after preparing the inquest report and postmortem examination. On further delving into the documents of the deceased person on 12.07.2023, one suicide note was discovered by the informant, as such, the FIR was instituted.

¶4Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and has apprehension of her arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. Learned counsel has further stated that the FIR is delayed by about 23 days and even after the discovery of said suicide note, the FIR has been instituted after a delay of 14 days and the said delay in lodging the FIR has not been explained, as such, he has been falsely implicated. Learned counsel has further stated that no opinion of handwriting expert has been taken regarding the transcriber of the said suicide note. Even the said suicide note does not indicates towards the applicant having abetted her to commit suicide and the case has been transformed to Section 306 IPC. The deceased was living within the precincts of her maternal home and not at the house of the applicant. The applicant is the mother-in-law of the deceased. The informant is the panch witness no.1 of the inquest proceedings.

¶5Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against her. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further submitted that the applicant has no criminal history. In case, the anticipatory bail application of the applicant is allowed, she will not misuse the liberty and shall cooperate with trial.

¶6On the other hand, learned A.G.A. has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

¶7Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case.

¶8Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed.

¶9In the event of arrest of the applicant, Kavita Devi involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make herself available for interrogation by a police officer as and when required; 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 leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

¶10In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

¶11It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 27.10.2023 Siddhant High Court of Judicature at Allahabad