Allowed

Smt. Asha v. State of U.P.

Allahabad HC13 Dec 2023BAIL/53474/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 53474 of 2023, the Allahabad High Court allowed bail to Smt. Asha, accused of abetting suicide under Sections 498-A, 304B IPC and D.P. Act. The court considered her role as mother-in-law of the deceased and the post-mortem findings indicative of suicide. Bail was granted subject to specific conditions.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties, conditions regarding attendance, non-harassment, and adherence to trial procedures.

Smt. Asha Vs State of U.P. — Matrimonial and Divorce | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:235807

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53474 of 2023

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Applicant :- Smt. Asha Opposite Party :- State of U.P. Counsel for Applicant :- Subham Singh,A.C.Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri A.C.Srivastava, learned counsel for the applicant, Sri Virendra Pratap Singh, learned counsel for the State and perused the material on record.

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This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Asha, seeking enlargement on bail during trial in connection with Case Crime No. 301 of 2023, under Sections 498-A, 323, 304B IPC and Section 3/4 D.P. Act, registered at P.S. Masoori, District Ghaziabad.

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Learned counsel for the applicant argued that the applicant is the mother-in-law of the deceased Sonam. It is argued that the general and omnibus allegations have been levelled against the applicant. It is argued that the marriage of the deceased was solemnized with Vicky Nagar in April, 2018. Vicky Nagar the husband of the deceased is in jail. It is argued in the postmortem report the doctor has opined the cause of death due to antimortem hanging although there are two other injuries apart from a single ligature mark but the same appears to have received during the course of committing suicide. Even though there are two other injuries apart from the ligature mark in no manner to contribute to her death. While placing para 13 of the affidavit it is argued that the applicant is residing separately from the deceased and her husband. The applicant has no criminal history as stated in para 5 of the affidavit and is in jail since 17.10.2023. It is argued that the applicant is a lady and she is entitled to the benefit of Section 437 Cr.P.C.

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Per contra, learned counsel for the State opposed the prayer for bail and argued that the applicant is named in the First Information

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Report and there are allegations against her.

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After 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. In the postmortem report the doctor has opined the cause of death due to antimortem hanging although there are two other injuries apart from a single ligature mark but the same appears to have received during the course of committing suicide. Vicky the husband of the deceased is in jail. The applicant is a lady.

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Looking 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.

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Let the applicant Smt. Asha , 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:-

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

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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.

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(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.

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(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.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of

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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.

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

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The 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.

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The bail application is allowed .

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Order Date :- 13.12.2023 M. ARIF

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(Samit Gopal, J.)

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Smt. Asha v. State of U.P.

Case brief

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What did the court decide?

Smt. Asha v. State of U.P.

Case brief

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