Sobha Gupta v. State of U.P

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49959 of 2023 Applicant :- Sobha Gupta Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.

¶1List revised.

¶2Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri Virendra Pratap Singh, learned counsel for the State and perused the material on record.

¶3This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sobha Gupta, seeking enlargement on bail during trial in connection with Case Crime No. 407 of 2023, under Sections 498-A, 304B IPC and Section 3/4 D.P. Act, registered at P.S. Kotwali Deoria, District Deoria.

¶4Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Sarita. It is argued that the general and omnibus allegations have been levelled against the applicant. It is argued that no external injury in the postmortem examination report. The cause of death could not be ascertained and as such viscera has been preserved. It is argued that the marriage of the deceased was solemnized with Anand Gupta @ Sunny the son of the applicant on 02.12.2022. Anand Gupta @ Sunny the husband of the deceased is in jail. It is argued that charge sheet has been submitted against the applicant despite the fact that the viscera is awaited till date. The applicant has no criminal history as stated in para 28 of the affidavit and is in jail since 23.06.2023. It is argued that the applicant is a lady aged about 60 years as stated in para 21 of the affidavit and she is entitled to the benefit of Section 437 Cr.P.C.

¶5Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information Report and there are allegations against her.

¶6After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is the mother-in-law of the deceased. The cause of death could not be ascertained and as such viscera has been preserved. The said viscera report is still awaited. Anand Gupta @ Sunny the husband of the deceased is in jail.

¶7Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

¶8Let the applicant Sobha Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.

(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against her under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶9The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

¶10The bail application is allowed. Order Date :- 11.12.2023 M. ARIF (Samit Gopal, J.) High Court of Judicature at Allahabad