Smt. Aruna Bhardwaj v. State of U.P. Thru. Addl. Chief Secy. Home, Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13798 of 2023 Applicant :- Smt. Aruna Bhardwaj Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. Counsel for Applicant :- Santosh Kumar Dayal,Pankaj Kumar Verma,Pawan Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Sri Santosh Kumar Dayall, learned counsel for the applicant and Ms. Priyanka Pandey, 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.136 of 2023, under sections 498A, 304B IPC and 3/4 of Dowry Prohibition Act, Police Station Talkatora, Disrict Lucknow.

¶3It has been submitted by learned counsel for the applicant that FIR has been lodged by the father of the deceased, making allegation of dowry demand in the FIR and no specific dowry demand has been mentioned in the FIR. However, in the statement of mother of deceased, the version has been improved and Rs.500000/- is shown to be demanded by in-laws. Learned counsel for the applicant invited attention of this Court towards the statement of the complainant recorded under section 161 Cr.P.C. in which he has stated that marriage was done with the help of Marriage Bureau and the family members of the in-laws did not demand any dowry at the time of marriage. Learned counsel for the applicant ha submitted that the relation between the husband and wife was not cordial and out of personal grudge, the deceased committed suicide. Learned counsel for the applicant has submitted that no internal or external injuries were found on the person of the body except ligature marks on the neck which caused due to hanging. Learned counsel for the applicant has further submitted that the applicant being lady and is mother-in-law as such the benefit of section 437 Cr.P.C. may be extended to her. 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 10.07.2023.

¶4On the other hand, learned A.G.A. has opposed the prayer for bail and 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 general allegation of dowry demand has been levelled and in the statement under section 161 Cr.P.C. the complainant has admitted that at the time of marriage no dowry demand was made and the argument that applicant is lady of 62 years age, therefore, I am of the opinion that the applicant is entitled to be released on bail.

¶6Let the applicant, namely, Smt. Aruna Bhardwaj, 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 :- 22.11.2023 dk/ High Court of Judicature at Allahabad, Lucknow Bench