Allowed

Gulshan Alias Tahira v. State of U.P.

Allahabad HC17 Apr 2023BAIL/14573/2023

Case brief

AI extract

What is this about?

This Court allowed a bail application filed by an applicant accused of dowry harassment and causing death under Sections 498A and 304-B IPC. The court observed a discrepancy in the FIR regarding the dowry car and noted the release of the co-accused father-in-law, granting bail subject to standard conditions without expressing an opinion on the merits.

What did the court decide?

The applicant is released on bail in furnishing a personal bond and two sureties in the like amount with the usual conditions of appearance and non-interference.

Gulshan Alias Tahira Vs State of U.P. — Dowry and Cruelty | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14573 of 2023

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Applicant :- Gulshan Alias Tahira Opposite Party :- State of U.P. Counsel for Applicant :- Sadrul Islam Jafri,Ambreen Masroor,Sr. Advocate

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Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri N.I.Jafri, learned senior counsel assisted by Sri Sadrul Islam Jafri, learned counsel for the applicant and Dr.S.B.Maurya, learned AGA-I, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.472 of 2022, under Sections 498A and 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Phase-2, Noida, District Gautam Budh Nagar during pendency of the trial.

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FIR of the present case was lodged against the applicant and six others and according to the FIR, applicant is the mother-in-law of the deceased and she along with her other family members and neighbors tortured the deceased for want of dowry and on 6.11.2022 husband of the deceased informed the informant about the incident and when he arrived at the paternal home of the deceased then he found that the deceased was hanging. It is further mentioned in the FIR that in the dowry a Alto Car No.UP16CX9428 was given to the deceased but family of her in-laws tortured her on the ground that the car was small one. It is further mentioned in the FIR that at the time of death of the deceased she was having five months old son.

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Learned counsel for the applicant submits that entire allegation against the applicant is totally false and baseless and

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she has been made accused in the present matter only due to the reason that she was mother-in-law of the deceased. He further submits that even as per FIR, the information of the incident of hanging was given by the son of applicant to the complainant and this fact shows the bona fide of applicant and her family members.

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He next submits that there is specific allegation in the FIR that in the dowry Alto Car No.UP16CX9428 was given to the deceased which was small one and due to this reason she was tortured by applicant and her family members on the ground that the alleged Alto Car was small one but in fact the Alto Car No. UP16CX9428 was registered in the name of the brother of the complainant/informant and it was never given to the deceased as dowry and this fact totally demolishes the prosecution case.

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He further submits that this fact has specifically been averred in paragraph-32 to the affidavit filed in support of the present bail application and at the time of argument of bail before the court concerned this fact was also argued by the learned counsel for the applicant.

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He next submits that in the present matter along with applicant father-in-law of the deceased Faiyaz was also made accused and he has been released on bail by Coordinate Bench of this Court vide order dated 7.4.2023 passed in Criminal Misc.Bail Application No.14647 of 2023.

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He further submits that according to the post mortem report the hyoid bone of the deceased was found intact and she died due to hanging and, therefore, it appears that it is a case of suicide. He next submits that the marriage of the deceased was solemnized with the son of applicant on 4.8.2021 and she was not happy with her marriage and only due to this reason she

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committed suicide and her brother, i.e., the informant of the case subsequently implicated the husband and his entire family members including the mother-in-law, i.e., applicant and even two neighbours.

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He further submits that applicant in the present matter is in jail since 13.12.2022.

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Per contra, learned AGA opposed the prayer for bail and submits that applicant being mother-in-law was having important role in torturing the deceased and there is specific allegation against her and other co-accused persons that they tortured the deceased and the deceased died within two years from her marriage under abnormal circumstances. He further submits that the deceased was also having infant son of five months at the time of incident she was also pregnant and, therefore, it is hard to believe that after leaving behind her infant son she will commit suicide.

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However, learned AGA could not dispute the fact that it is specifically mentioned in the FIR that in dowry Alto Car No.UP16CX9428 was given to the deceased, which was small one and on this ground she was being tortured by applicant and her family members and as per averment made in paragraph-32 to the affidavit filed in support of the present bail application the above Alto Car was registered in the name of the brother of complainant and this fact has not been denied by Investigating Officer in his instructions. Further, he also could not dispute the fact that the father-in-law of the deceased Faiyaz has already been released on bail by this Court vide order dated 7.4.2023 passed in Criminal Misc.Bail Application No. 14647 of 2023.

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I have heard learned counsel for the parties and perused the record of the case.

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Applicant is the mother-in-law of deceased and deceased died within two years of her marriage under abnormal circumstances and according to the post mortem report she died due to hanging and her hyoid bone was found intact, therefore, it appears that she committed suicide.

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Although in the FIR it is specifically mentioned that deceased was being tortured by applicant and her family members due to the reason that Alto Car No.UP16CX9428 was given to her in dowry was small car but in paragraph-32 to the affidavit filed in support of the present bail application, a specific averment has been made by applicant that Alto Car No.UP16CX9428 was registered in the name of the brother of the complainant and this fact has not been denied in the instructions received by the learned AGA. Further, along with the applicant, the father-in-law of the deceased Faiyaz was also made accused and there was also allegation against him that he also tortured the deceased for want of dowry along with applicant and his other family members but he has already been released on bail by Coordinate Bench of this Court vide order dated 7.4.2023passed in Criminal Misc. Bail Application No. 14647 of 2023.

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Although, no doubt from the perusal of FIR, it appears that deceased was also having infant son of five months old and she was also pregnant but considering the fact that one very important allegation made in the FIR with regard to Alto Car No.UP16CX9428 appears to be incorrect and co-accused Faiyaz, father-in-law of the deceased, has already been released on bail, therefore, applicant, who is mother-in-law of the deceased and is lady, is also entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Gulshan @ Tahira be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 17.4.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Gulshan Alias Tahira v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulshan Alias Tahira v. State of U.P.

Case brief

What is this about?

What did the court decide?

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