Smt. Bitto Alias Sita Devi v. The State of U.P. Thru. Prin. Secy. Home Deptt., Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13007 of 2023 Applicant :- Smt. Bitto Alias Sita Devi Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. Counsel for Applicant :- Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant, Sri Ravish Chandra Mishra, learned A.G.A. for the State and perused record.

¶2The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.147 of 2023 under Section 498-A, 304-B IPC and 3/4 of Dowry Prohibition Act, PS Sadarpur, district Sitapur.

¶3Learned counsel for the applicant has submitted that father of deceased has lodged FIR in which he has mentioned that prior to twenty two months, his daughter was married with the son of the applicant and the inlaws were not happy with the dowry given by the complainant. The FIR further indicates that for giving less dowry, she was done to death by them and she was hanged by the family members. Learned counsel for the applicant has submitted that there is general allegation of dowry demand. He has submitted that deceased committed suicide by hanging herself and cause of death is due to anti-mortem hanging. There is no internal and external injury found on the person of the deceased. It is further submitted that prior to present FIR, there is no FIR or complaint lodged by the deceased or her family members. He has submitted that the applicant is lady and the benefit of Section 437 CrPC may be given to her. The applicant has no criminal history and she is in Jail since 25.4.2023 for more than six months.

¶4Learned A.G.A. opposed the prayer for bail and submitted that it is a case of dowry death, the bail should be rejected.

¶5Considering over all facts and circumstances of the case, the argument that the deceased committed suicide and there is general allegation of dowry demand, no complaint or FIR has been lodged prior to the present case, by the deceased or her family members, the period of incarceration and the applicant being lady, it is a fit case for bail.

¶6Let the applicant,Smt. Bitto alias Sita Devi be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against her in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.

¶7It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 3.11.2023 Rajneesh JR-PS) High Court of Judicature at Allahabad, Lucknow Bench