This judgment grants anticipatory bail to Usha and Raman in a dowry death case punishable under Sections 498-A, 304-B, and Dowry Prohibition Act, following the Sushila Aggarwal guidelines.
Anticipatory bail granted to applicant with specific conditions regarding investigation, witness interference, passport surrender, and court appearance.
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Neutral Citation No. - 2023:AHC:193838
Court No. - 71
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10589 of 2023
Applicant :- Usha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Shekhar Kumar Yadav,J.
4- Learned counsel for the applicant submitted that applicant is lady, unmarried Nanad of victim and is completely innocent and in the above case, she is merely a family member and lives separately along with his father and she was not present on the date of incident. She has been falsely implicated due to malice. The post mortem report of the alleged deceased does not support the incident. No independent and impartial witness to the alleged incident
has been shown. The applicant is a peace loving and law abiding woman and belongs to a good and respectable family. She has no criminal history and is not a convicted woman and is under section 437C. The applicant is having definite apprehension that she may be arrested by the police any time. It is further submitted that applicant is a student and preparing for competitive examinations.
(1) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;
(2) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and
(3) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
(4) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.
(5) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
(6) In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
(7) 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against his in accordance with law.
Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in a dowry-related death case under Section 438 Cr.P.C.
Colour shows how this judgement treated each authority
Sushila Aggarwal vs. State (NCT of Delhi)Followed¶12
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
Sushila Aggarwal vs. State (NCT of Delhi)Followed¶19
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98 · Who else cites this
1 provisions across 1 enactments
Usha
State of U.P.
Raman @ Charchit Pratap Singh
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
