Smt.Sakeena v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13874 of 2023 Applicant :- Smt.Sakeena Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Heard Shri Manoj Kumar Singh, learned counsel for the accused-applicant as well as Shri Rajneesh Kumar Verma, learned A.G.A. for the State and perused the record.

¶2This bail application has been filed seeking release of the accused/applicant Smt.Sakeena on bail, who is involved in Case Crime No. 273 of 2023 under Sections 498A, 304-B I.P.C and Section 3/4 D.P. Act, Police Station Malhipur, District Shrawasti.

¶3Learned counsel for the applicant submitted that the First Information Report has been lodged by the father of the deceased wherein he has mentioned that his daughter was married to the applicant prior to four years, as per muslim rituals and her in-laws used to harass her for bringing less dowry. Learned counsel for applicant submitted that in the F.I.R, there is no allegation that the husband or his family members demanded additional dowry. However, in the statement of complainant under Section 161 Cr.P.C, the complainant has improved his version and has stated that Apache motorcycle was demanded as additional dowry by the in-laws of his daughter.

¶4Learned counsel for the applicant further submitted that the deceased committed suicide by hanging herself since the relationship between the the deceased and her husband was not cordial. The post-mortem report does not indicate any external or internal injury on the body of the deceased except for the ligature mark on the neck caused due to hanging. Learned counsel for applicant further submitted that the applicant is the mother-in-law of the deceased who was living separately and she has been falsely implicated in the present case and no specific role has been assigned to her. He further submitted no complaint regarding dowry demand or harassment was ever lodged prior to the present case. He stated that there is no previous criminal history of the applicant and she is languishing in jail since 01.08.2023.

¶5Learned A.G.A has opposed the prayer of bail of the applicant and has stated that it is a case of dowry death, therefore, the applicant is not entitled for bail and her bail is liable to be rejected.

¶6Considering the facts and circumstances of the case, perusing the record, also considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that general allegation of dowry demand has been levelled against the applicant, the argument that complainant has improved the version of F.I.R and has levelled allegation of dowry in his statement under Section 161 Cr.P.C, the argument that the deceased committed suicide by hanging herself, the argument that post-mortem report does not indicate any internal or external injury on the person of the deceased except for the ligature mark on the neck caused due to hanging , I find it to be a fit case for grant of bail.

¶7Accordingly, the bail application is allowed.

¶8Let the applicant Smt.Sakeena 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 sufÏcient 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 if 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 sufÏcient 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.

¶9It 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 :- 23.11.2023 DiVYa/Rajneesh High Court of Judicature at Allahabad, Lucknow Bench