Ruchi Singh @ Meera Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2294 of 2023 Applicant :- Ruchi Singh @ Meera Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Paritosh Shukla, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.251 of 2023, under Sections 498-A, 304-B I.P.C. read with Section 3/4 Dowry Prohibition Act, registered at Police Station Lambhua, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.08.2023 against six persons, including the applicant and her family members, stating that the informant got his daughter married to the applicant's brother in law co-accused Chandan Singh on 05.05.2018; that all the accused persons used to harass her for demanding dowry and they killed her on 04.08.2023.

¶4The postmortem examination report of the deceased mentions a ligature mark around her neck, besides an abrasion on mid forehead and the cause of death has been opined to be strangulation.

¶5In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, she has no criminal history and she has falsely been implicated in the present case. Learned counsel for the applicant submits that the applicant and her husband live separately from the other co-accused persons at Lucknow and not in Sultanpur.

¶6The learned counsel for the applicant has further submitted that one of the co-accused Ajay Singh has been granted regular bail by this court by means of an order dated 11.10.2023 passed in Criminal Misc. Bail Application No.12139 of 2023 after taking into consideration the fact of separate living.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is also a daughter in law of the family, of which the deceased was a daughter in law; that the applicant's husband has been granted bail taking into consideration the fact that the applicant and her husband's family live at Lucknow, separately from the other co-accused persons coupled with the fact that the applicant is a woman and she has no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ruchi Singh @ Meera Singh before the learned Trial Court in the aforesaid case crime, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 18.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench