In an anticipatory bail plea under Section 482 BNSS concerning dowry-related deaths, the Single Judge rejected the application, citing the heinous nature of the offence where two persons died, finding no sufficient ground to grant relief.
Application for anticipatory bail rejected; order dated 18.12.2024.
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Court No. - 69
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9642 of 2024
Applicant :- Jalebi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Prakash Tiwari Counsel for Opposite Party :- Siddharth Srivastava,G.A.
Hon'ble Ashutosh Srivastava,J.
Heard Shri Hari Prakash Tiwari, learned counsel for the applicant, Shri S.K. Rai, learned A.G.A. Ist on behalf of the State respondents, and Ms. Neha Chauhan, learned counsel for the first informant.
This Anticipatory Bail Application under Section 482 of Bhartiya Nagrik Suraksah Sanhita, 2023, has been moved on behalf of accused-applicant, Jalebi, seeking Anticipatory Bail in Case Crime No. 253 of 2024, under Section 85, 80 (2) B.N.S. Act, 2023 and under Section 3/4 of Dowry Prohibition Act, 1961, Police StationSidhari, District-Azamgarh, during the pendency of trial.
Learned counsel for the applicant argued that the accusedapplicant is innocent. She has been falsely implicated in this very case crime number. The First Information Report was lodged against all in-laws, including the applicant, who is mother in law of the deceased, namely Kavita Chauhan and grand mother of the deceased Devansh. The applicant is a lady senior citizen 65 years of age. In the post morten report of both the deceased the cause of death has been shown as "could not be ascertain hence viscera preserved". The applicant has never demanded any dowry from the parents of the deceased. She has no criminal antecedents. Coaccused, namely Sarita Chauhan has been granted regular bail, in Criminal Misc. Bail Application No. 36169 of 2024, by a coordinate Bench of this Court, vide order dated 17.10.2024. There is reasonable apprehension and reason to believe that she shall be arrested in Case Crime No. 253 of 2024, under Section 85, 80 (2) B.N.S. Act, 2023 and under Section 3/4 of Dowry Prohibition Act, 1961, Police Station-Sidhari, District-Azamgarh. Hence
Anticipatory Bail has been prayed for.
Learned AGA as well as learned counsel for the first informant have vehemently opposed the Anticipatory Bail Application by submitting that the applicant is named in the First Information report. In the First Information Report, it has been specifically said that the family members of the deceased were continuously demanding the dowry from the parents of the deceased. Both the deceased died at their in-laws house. Co-accused namely Sarita Chauhan has been granted regular bail on the ground that she was sister in law of the deceased and she was residing in her matrimonial home. He further submits that the offence in heinous in nature as two persons, including a child of three years, died hence, the Anticipatory Bail Application filed at the instance of applicant is liable to be rejected.
Considering the aforesaid facts and circumstances, there appears to be no good ground to grant anticipatory bail to the applicant.
Accordingly, this Anticipatory Bail Application stands rejected . Order Date :- 18.12.2024 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether anticipatory bail was maintainable despite the heinous nature of the offence involving death of two persons.
Whether there exists reasonable apprehension of arrest for the senior citizen applicant.
3 provisions across 3 enactments
Jalebi
Ashutosh Srivastava
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
