Kalpana v. State of U.P. Thru. Its Prin. Secy. Home, Lucknow

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12166 of 2023 Applicant :- Kalpana Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home, Lucknow Counsel for Applicant :- Dharmendra Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary of the case.

¶2Heard Shri Dharmendra Kumar Misra, learned counsel for the accused-applicant as well as learned counsel representing the State and perused the record.

¶3This bail application has been moved by the accused/applicant-Kalpana for grant of bail, in Case Crime No.375 of 2023, under Sections 498-A, 304-B I.P.C. & 3/4 of the Dowry Prohibition Act, Police Station Maurawan, District Unnao, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and she has not committed any offence as claimed by the prosecution.

¶5It is further submitted that the applicant is the mother-in-law of the deceased, who had committed suicide after about four years of her marriage with the son of the applicant. Attention of this Court has been drawn towards the extract of copy of the pariwar register placed at page nos.46, 48 and a certificate issued by the Village Pradhan in order to show that the applicant and the deceased were living separately.

¶6It is vehemently submitted that since the deceased was living separately with her husband, the applicant may not be obliged to explain circumstances under which the deceased had sustained injuries and committed suicide as the same could only be explained by the husband, who was living with the deceased in a separate house. It is also submitted that the applicant being a rustic village lady may not be the beneficiary of the vehicle bolero and Rs.1.5 lakh in cash, which was allegedly demanded from the deceased.

¶7Highlighting the inquest report and postmortem report of the deceased, wherein apart from some injuries of the nature of lacerated wound and contusion, a ligature mark is also noticed and the cause of death has been ascertained due to asphyxia as a result of ante mortem hanging, it is submitted that the deceased had committed suicide and the same could only be explained by her husband, who was living separately with her. In presence of the husband of the deceased, no liability or responsibility could be fastened on the applicant to explain the circumstances, under which the deceased had committed suicide as the applicant was living separately in the same house and was not having any concern with their affairs. General allegations of demand of dowry has been made against all the accused persons named in the F.I.R., however, no overact or specific allegation has been levelled against the applicant.

¶8It is next submitted that applicant is in jail in this case since

30.07.2023 and criminal history of one case has been explained in para-11 of the bail application and the same has been alleged against her while she was detained in prison. There is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

¶9Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the material/evidence available against the applicant, she is not entitled to be released on bail.

¶10Having heard learned counsel for the parties and having perused the record, it is evident that the applicant is the mother-in-law of the deceased. The deceased was married to the son of the applicant about 4 years prior to her death. The postmortem report of the deceased would reveal that apart from a ligature mark around the neck of the deceased, some injuries have been found on the person of the deceased and the cause of death of the deceased is ascertained as due to asphyxia as a result of ante mortem hanging. However, separate living has been claimed by the applicant and in order to substantiate the plea of separate living, reliance has been placed on the extracts of pariwar register brought on record with regard to the deceased and her husband as well as the applicant. A certificate issued by the Village Pradhan has also been relied and it is submitted on the basis of these documents that in presence of the husband of the deceased, the liability could not be fastened on the applicant, who was living separately, to explain the circumstances, under which the deceased had sustained injuries and to explain the circumstances under what condition, the deceased had committed suicide. Applicant is in jail in this case since

30.07.2023. Criminal history of one case has been adequately explained. The presence of the applicant could be secured before the trial court by placing adequate conditions.

¶11Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶12Let the accused/applicant-Kalpana involved in above-mentioned case, be released on bail on her furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶13In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶14Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶15Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 12.10.2023 Anupam S/- High Court of Judicature at Allahabad, Lucknow Bench