Smt. Usha Singh Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 25 of 2024

Smt. Usha Singh

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) Counsel for Applicant(s) : Ravi Singh, Raj Kumar Singh Counsel for Opposite Party(s) : G.A., Abhishek Chaubey, Ritwika Tripathi, Sudhanshu S. Tripathi

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Court No. - 12

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HON'BLE KARUNESH SINGH PAWAR, J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant.

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The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 254 of 2024, under Sections 85, 80(2), 324(2) of B.N.S. & Section 3/4 of Dowry Prohibition Act, P.S.Baskhari, District- Ambedkar Nagar.

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This Court vide order dated 13.9.2024 has passed the following order granting interim anticipatory bail to the applicant:-

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"Heard Shri Ravi Singh, learned counsel for the applicant, learned AGA for the State as well as Shri Sudhanshu Shekhar Tripathi, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record.

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In the prosecution case, it is alleged by the informant that his niece was married to accused no. 1 on 09.05.2022. The entire expenses of the marriage was born by his family exceeding their financial capacity. No help was given by the in-laws of her niece. In the marriage, the in-laws were given heavy dowry, however, they were not satisfied and often used to demand dowry from him and the deceased and due to the demand of dowry, she was subjected to mental and physical cruelty by the accused persons for the last two years. A few days back, they broke her mobile phone so that she could not complain, still she was remained with her husband to save her

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NABAIL No. 25 of 2024

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2

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marriage. Whenever she found a chance, she used to meet with her younger sister and told her that her husband used to beat her. Today at around 4:00 am, the husband of the niece called her mother and asked her to talk to her younger daughter and disconnected the phone. Thereafter they tried several times to connect him by calling him back, however, he did not give any reply. When he called father-in-law of the deceased Dr. Major Vidyanand Singh, he came to know that two hours before they had brought her to hospital. They were going to cremate her hurriedly so that the informant could not know the cruelty committed to her. It is also alleged that perusal of the injuries at the body of the deceased, it is evident that she has been badly beaten and due to that she died. All the members of the in-laws family used to encourage her husband and her father-in-law to beat her. Both husband and father-in-law of the deceased are doctors. Husband of the deceased is working in CSC Baskhari as Medical Officer. It is lastly alleged that the deceased was subjected to atrocities due to Rs. 2,00,000/- lesser dowry given in Tilak.

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Learned counsel for the applicant submits that the applicant is a senior citizen, a lady and mother-in-law of the deceased. She is aged about 63 years. She is living separately approximately 25 kilometeres away with her husband Dr. Major Vidyanand Singh who is practicing at Tanda whereas the deceased was living at the government accommodation of her husband at Baskhari CHC. She was also accommodating a dental clinic nearby. The applicant gave an application to S.P., Ambedkar Nagar showing her false implication. She has also provided all the mobile numbers of her family members for CDR purposes and also has requested him to collect footage of the CCTV installed at her residence. The applicant is willing to cooperate in the investigation. Her husband is a private practitioner at Tanda and they resides away from their son.

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Per contra, learned counsel for the complainant has drawn attention of the Court towards postmortem report and has submitted that a perusal of the ligature mark as well as other antemortem injuries which are total five in number clearly show that the deceased was subjected to beatings by her in-laws due to demand of dowry. He further submits that allegation of demand of dowry are there in the FIR as well as statement of the complainant. It is not a case of false implication. Death is unnatural within seven years of the marriage.

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Learned counsel for the complainant further submits that the applicant may have been residing separately with her son, however, her house was barely 15 kilometeres away from the residence of the deceased and she was frequently visiting and therefore, on the pretext of her separate living she cannot be absolved of her complicity in the

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NABAIL No. 25 of 2024

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3

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crime.

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Learned AGA has produced the case diary and has submitted that the investigation is going on.

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Perused the record.

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A perusal of the postmortem report shows that rigor-mortis is fully established. Cause of death is asphyxia and shock due to antemoretem hanging, however, there are following antemortem injuries on the body of the deceased:-

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"1. Ligature length-14.0×2.5cm on right side of neck 7.0cm below right ear.

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2. Ligature length 14.0×1.0cm on left side of neck 2.5cm below left ear.

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3. Ligature mark running upward above thyroid cartilage.

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4. Contused swelling 16.0×3.0cm situated over chest on right para sternal region.

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5. Fracture rib 3rd 4th 5th anteriorly on left side of chest."

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A perusal of supplementary affidavit shows that along with supplementary affidavit, ITR, electricity bills and letter head of the clinic of the husband of the applicant has been filed. Attention of the Court has been drawn by the learned counsel for the applicant towards distinct and separate address mentioned in these documents. From perusal of the FIR as well as statement of the complainant prima facie do not show that the deceased was subjected to cruelty relating to the demand of dowry soon before her death. Only general and sweeping allegations have been levelled on all the in-laws of the deceased by the complainant. Neither in the case diary, there is any material to suggest that the deceased was subjected to demand of dowry and cruelty soon before her death. Information of the death of the deceased was given by the inlaws to the complainant i.e. why they could reach in time at the place of incident. Admittedly the deceased was living in her house allotted to her being a doctor in PMS.

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Considering the discussions made herein above and the fact that the applicant is an old lady having no criminal antecedent; she has undertaken to cooperate in the investigation as well as considering the other material available on record, like her address and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C.

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Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned.

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The applicant is directed to report to the investigating officer within a period of 10

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NABAIL No. 25 of 2024

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4

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days from today.

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The applicant shall cooperate in the investigation and she will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court.

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In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List on 23.09.2024.

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Learned AGA as well as learned counsel for the complainant may file counter affidavit by the next date of listing."

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Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in compliance of the aforesaid order. She has duly cooperated in the investigation. Charge-sheet in the case has already been filed. She has not misused the liberty of interim anticipatory bail granted by this Court. She undertakes to cooperate in the trial and in case, she is enlarged on anticipatory bail, he shall not misuse the liberty of same.

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Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by the Court coupled with the undertaking given by the applicant that she will cooperate in the trial, the interim protection granted by this Court vide order dated 13.9.2024 is made absolute.

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In view of the aforesaid, the anticipatory bail application is allowed .

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(Karunesh Singh Pawar,J.)

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September 3, 2025 Shravan

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Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Usha Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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Smt. Usha Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and Another

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