Bitan @ Sunita Shukla v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14579 of 2023 Applicant :- Bitan @ Sunita Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Bhagwati Prasad Nigam,Anurag Shukla Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

1.Learned AGA informs that he has procured complete instructions in the matter including upto date case diary and charge sheet has already been submitted in this case.

¶2Heard Shri Bhagwati Prasad Nigam, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

¶3This bail application has been moved by the accused/applicant-Bitan @ Sunita Shukla for grant of bail, in Case Crime No. 313/2023, under Sections 498-A, 304 B IPC and 3/4 D.P. Act, Police Station Maigalganj, District Lakhimpur Kheri, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in this case. The applicant is the mother-in-law of the deceased who appears to have committed suicide by hanging herself little after 4 years of her marriage with the son of the applicant, however, since the marriage of the deceased with the son of the applicant they were living separately in the same house and she was not having any concern with their affairs. It is further submitted that since the applicant was living separately she is not be obliged the circumstances under which the deceased has committed suicide. It is highlighted by drawing the attention of this Court towards the inquest report that the dead body of the deceased has been found in her room in a hanging state and therefore the husband of the deceased would be in a better position to explain the circumstances under which the deceased has been done to death and has been committed suicide.

¶5It is further submitted that general allegations of demand of Rs. 5,00,000/- and committing cruelty in lieu thereof has been levelled against all the accused persons named in the FIR including the applicant, however, no overt act or specific allegation has been levelled against the applicant. She being the rustic village lady may not the beneficiary of the dowry which has been allegedly demanded and the applicant may not be termed as the beneficiary of the dowry specially in presence of the husband of the deceased.

¶6It is further submitted that the applicant is a lady and is in jail in this case since 10.08.2023 and she is not having any criminal history. Charge sheet in the matter has already been filed and there is no apprehension that after being released on bail the applicant may flee from the course of law or may otherwise misuse the liberty.

¶7Learned A.G.A. on the other hand submits that the applicant is accused of committing an heinous offence, therefore, she is not entitled to be released on bail.

¶8Having heard learned counsel for the parties and having perused the record, it is reflected that during the course of investigation the dead body of the deceased has been found in side the room wherein she was residing. Postmortem report of the deceased would reveal a ligature mark along with two minor injuries in the nature of contusions which have been found on her head and right side of the shoulder, however the cause of death has been ascertained as 'asphyxia' as a result of ante-mortemn hanging and in this background it is submitted that the deceased has committed suicide. The defence of the applicant also appears to be that she is a rustic village lady and since the marriage of her son with the deceased she was living separately in the same house and in presence of the husband of the deceased she may not be the beneficiary of the dowry, which was being allegedly demanded and since she was living separately, she may also not be fastened with any liability to explain the circumstances, under which the deceased had committed suicide as the same could only be explained by her husband, who was residing with her. The applicant is the mother-in-law of the deceased and separate living has been claimed. Applicant is in jail in this case since 10.08.2023 without any previous criminal history. Charge sheet in this case has already been submitted. The presence of the applicant could be secured before the trial court by placing adequate conditions.

¶9Having regard to the overall facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the accused/applicant -Bitan @ Sunita Shukla involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case. Order Date :- 11.12.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench