Poonam v. State of U.P. Thru. Prin. Secy. Home Deptt. Lucknow

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15267 of 2023 Applicant :- Poonam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow Counsel for Applicant :- Santosh Kumar Kanaujia Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs that he has procured complete instructions in the matter including the case diary.

¶2Heard Shri Santosh Kumar Kanaujia 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-Poonam for grant of bail, in Case Crime No. 520 of 2023, under Sections 498-A, 304-B of I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Phardhan, District Lakhimpur Kheri, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. Applicant is the mother-in-law of the deceased. General allegations of demand of Rs. 4 lacs and subjecting the deceased to cruelty in lieu of such demand has been levelled against all the accused persons named in the F.I.R. including the instant applicant.

¶5It is further submitted that by any stretch of imagination it could not be believed that applicant may be the beneficiary of dowry which was being allegedly demanded in the presence of the husband of the deceased. However, since the marriage of the deceased with the son of the applicant she was not having any concern with their affairs as they were living separately in the same house.

¶6It is also submitted that as the deceased was living separately with her husband (son of the applicant), the applicant could not be fastened with any liability to explain the circumstances under which the deceased had died/committed suicide.

¶7It is also submitted that the applicant is in jail in this case since 13.11.2023 and she is not having any criminal history and there is no apprehension that after being released on bail she may flee from the course of law or may otherwise misuse the liberty.

¶8Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed heinous offence and, therefore, she is not entitled to be released on bail.

¶9Having heard learned counsel for the parties and having perused the record, it is evident that applicant is the mother-in-law of the deceased. The postmortem report of the deceased would reveal that a 'ligature mark' was found around her neck and as per the opinion of the doctor, the death of the deceased has been caused due to 'asphyxia', as a result of 'antemortem hanging'. Separate living has been claimed by the applicant, who is mother-in-law of the deceased. It is vehemently submitted on behalf of the applicant that the applicant could not be the beneficiary of any dowry which was being allegedly demanded. Applicant is in jail in this case since 13.11.2023 without any criminal antecedents and the presence of the applicant could be secured before the trial court by placing adequate conditions.

¶10Keeping 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.

¶11Let the accused/applicant-Poonam involved in above-mentioned case, be released on bail on her 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.

¶12In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶13Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶14Observations 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 on the merits of the case. Order Date :- 22.12.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench