Mithlesh v. State of U.P. Thru. Prin. Secy. Home Deptt., Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13058 of 2023 Applicant :- Mithlesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. Counsel for Applicant :- Farooq Ayoob,Km. Pooja Tiwari Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant with a prayer to enlarge her on bail in Case Crime No.326 of 2023 under sections 498A, 304B IPC and 3/4 D.P. Act, Police Station Mohammadpur Khala, Distict Barabanki.

¶3It has been submitted by learned counsel for the applicant that the applicant is mother-in-law and general allegation of dowry demand has been levelled in the FIR and no specific demand of dowry is mentioned in the FIR by the complainant/father of the deceased. Learned counsel for the applicant has submitted that marriage took place prior to four years and no FIR or compliant was ever lodged by the deceased or her family members prior to present incident regarding dowry demand. It has been submitted by learned counsel for the applicant that the applicant is residing separately. In support of his argument, he annexed a copy of the Ration Card which indicates that there are four members including the applicant in Ration Card in which the names of deceased and her husband do not find place. He also annexed another Ration Card in which the name of deceased and her husband are mentioned. He has also submitted the applicant is residing separately and the deceased was mentally sick as such she committed suicide by hanging. It has also been submitted by learned counsel for the applicant that no internal or external injuries were found on the person of the deceased except ligature mark on the neck which was caused due to hanging. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, she shall not misuse the liberty of bail. The applicant is in jail since 16.07.2023.

¶4On the other hand, Sri Diwakar Singh, learned Learned A.G.A. has opposed the prayer for bail and he has submitted that it is a case of dowry death, as such the applicant is not entitled for bail.

¶5Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that deceased committed suicide by hanging and no internal or external injuries were found on the person of the deceased and only ligature mark was found on the neck due to hanging, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Mithlesh, 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. It 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 :- 6.11.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench