In an anticipatory bail application under Section 438 Cr.P.C., the court rejected the plea of the mother-in-law of a deceased who died by suicide in her matrimonial home. The judge found the case needed further investigation due to injuries on the body.
Application for anticipatory bail under Section 438 Cr.P.C. rejected.
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Court No. - 88
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 917 of 2022
Applicant :- Smt. Jaswanti Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tomar Counsel for Opposite Party :- G.A.,Prateek Kumar Srivastava,Raj Kumar Sharma
Hon'ble Samit Gopal,J.
Heard Sri Akash Tomar, learned counsel for the applicant and Sri Raj Kumar Sharma, learned counsel for the State and perused the record.
The anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant Smt. Jaswanti , seeking anticipatory bail, in the event of arrest in Case Crime No. 462 of 2021, under Sections 498-A, 304B IPC and 3/4 D.P. Act, Police Station Majhola, District Moradabad.
Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Smt. Rinki. It is argued that the deceased committed suicide and died which is suggestive from the postmortem examination report wherein the cause of death is asphyxia as result of antimortem hanging. It is further argued while placing para 29 of the affidavit that the applicant is a lady aged about 70 years and is living with a single kidney. It is further argued that the applicant is having problem in the uterus and has been advised the removal of the uterus in the year 2019. It is further argued while placing para 30 of the affidavit and argued that due to death in the present matter, the applicant has gone into depression and was even hospitalized.
It is further argued that the deceased committed suicide which is also suggestive from the fact that the door of the room was locked from inside after the arrival of the police on the information by Aman the husband of the deceased who opened the door and had found the deceased hanging. He further argued that the applicant has no criminal history as stated in para 34 of the affidavit in support of anticipatory bail application.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for anticipatory bail and argued that the applicant is the mother-in-law of the deceased. It is argued that the marriage of the deceased with Aman the son of the applicant was solemnized on 01.06.2020
and she died in her matrimonial house on 18.06.2021 which is after one year and 17 days after her marriage. It is argued that in the postmortem report, the deceased was found to have received two contusions and one abrasion apart from ligature mark on her body. It is argued that the applicant is named in the First Information Report and there are allegations against her. The deceased died after one year and 17 days in her matrimonial house.
After having heard the counsels for the parties and perusing the records, it is evident that the applicant is named in the First Information Report. The death of the deceased has taken place after one year and 17 days in her matrimonial house. The deceased has received apart from a ligature mark, three other injuries. In so far as the injuries and the factum of the door being opened by the police are concerned, the same needs investigation. I do not find it a fit case for interference.
Accordingly, the bail application is rejected .
Order Date :- 11.2.2022 M. ARIF
(Samit Gopal, J.)
Digitally signed by MOHAMMAD ARIF Date: 2022.02.11 18:36:45 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant, named in the First Information Report in a case involving injuries to the deceased daughter-in-law who died by hanging, qualifies for anticipatory bail.
Whether the nature of injuries and suspicious circumstances surrounding the death of the deceased make the applicant a fit person for anticipatory bail.
1 provisions across 1 enactments
Smt. Jaswanti
State of U.P.
Samit Gopal
Mohammad Arif
As recorded by the court registry
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