Sushila Aggarwal v. State

Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0344 of 2024, under Sections 80(2) BNS, 2023 (304B IPC), 85 BNS, 2023 (498A IPC) and section 3/4 Dowry Prohibition Act, P.S. Sadarpur, District- Sitapur. The Co-ordinate Bench of this Court vide order dated 19.12.2024 has passed the following order granting interim anticipatory bail to the applicant:- "1. Heard Sri Wasim Ahmad, learned counsel for the applicant, Ms. Rafiya Farooqui, learned Additional Government Advocate for the State and Sri Alok Kumar, Advocate who has filed 'Vakalatnama' for the complainant, same is taken on record.

2. By means of present anticipatory bail application, the applicant has shown her apprehension of arrest in Case Crime / F.I.R. No. 0344 of 2024 u/s 80(2) BNS, 2023 (304B IPC), 85 BNS, 2023 (498A IPC) and section 3/4 Dowry Prohibition Act, P.S. Sadarpur, District Sitapur. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence alleged in the F.I.R.

3. The attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against all family members of the husband of the deceased. The present applicant is mother-in-law. The cause of death could not be ascertained, therefore, viscera has been preserved. There is no antemortem injury on the body of the deceased. The relation of the present applicant with her daughter-in-law was cordial and she never demanded any dowry from her or her family members. She being a lady her liberty 2 NABAIL No. 233 of 2024 may be protected and she undertakes that she will cooperate in the investigation. Since she is having her permanent address, there is no flight risk, therefore, her liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

4. Per contra, learned AGA as well as learned counsel for the informant prays for and are granted two weeks time to file counter affidavit.

5. List in the week commencing 13.1.2025 within top ten cases.

6. Without entering into the merits of the issue and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the investigation is going on, the allegation has been levelled against all family members of the husband of the deceased, present applicant is mother-in- law, there is no antemortem injury on the body of the deceased, relation of the present applicant with her daughter-in-law was cordial and she never demanded any dowry from her or her family members, the applicant being a lady, her liberty may be protected and the undertaking of the applicant that she shall cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

7. It is needless to say that the applicant shall cooperate with the investigation properly, failing which the protection being given by this order may not be available to her any further.

8. Till the next date of listing or filing of police report whichever is earlier, it is directed that in the event of arrest, applicant shall be released on anticipatory bail in the aforesaid case crime number on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- i. that the applicant shall make herself available for interrogation by a police officer as and when required; ii. that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without the previous permission of the court; iv. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; v. that the applicant shall not pressurize/ intimidate the prosecution witness;

9. When the case is next listed name of Sri Alok Kumar, Advocate shall be printed as counsel for the complainant." 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 3 NABAIL No. 233 of 2024 the investigation. Charge-sheet in the case has already been filed. She has not misused the liberty of interim anticipatory bail granted by the Court. She undertakes to cooperate in the trial and in case, she is enlarged on anticipatory bail, she shall not misuse the liberty of same. 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. 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 the coordinate bench of this Court vide order dated 19.12.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. September 3, 2025 Shravan (Karunesh Singh Pawar,J.)

Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0344 of 2024, under Sections 80(2) BNS, 2023 (304B IPC), 85 BNS, 2023 (498A IPC) and section 3/4 Dowry Prohibition Act, P.S. Sadarpur, District- Sitapur. The Co-ordinate Bench of this Court vide order dated 19.12.2024 has passed the following order granting interim anticipatory bail to the applicant:- "1. Heard Sri Wasim Ahmad, learned counsel for the applicant, Ms. Rafiya Farooqui, learned Additional Government Advocate for the State and Sri Alok Kumar, Advocate who has filed 'Vakalatnama' for the complainant, same is taken on record.

2. By means of present anticipatory bail application, the applicant has shown her apprehension of arrest in Case Crime / F.I.R. No. 0344 of 2024 u/s 80(2) BNS, 2023 (304B IPC), 85 BNS, 2023 (498A IPC) and section 3/4 Dowry Prohibition Act, P.S. Sadarpur, District Sitapur. It has been submitted that the applicant has been falsely implicated in this case as she has not committed any offence alleged in the F.I.R.

3. The attention has been drawn towards the impugned F.I.R. wherein the allegation has been levelled against all family members of the husband of the deceased. The present applicant is mother-in-law. The cause of death could not be ascertained, therefore, viscera has been preserved. There is no antemortem injury on the body of the deceased. The relation of the present applicant with her daughter-in-law was cordial and she never demanded any dowry from her or her family members. She being a lady her liberty 2 NABAIL No. 233 of 2024 may be protected and she undertakes that she will cooperate in the investigation. Since she is having her permanent address, there is no flight risk, therefore, her liberty may be protected till completion of investigation and filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

4. Per contra, learned AGA as well as learned counsel for the informant prays for and are granted two weeks time to file counter affidavit.

5. List in the week commencing 13.1.2025 within top ten cases.

6. Without entering into the merits of the issue and considering the arguments of learned counsel for the parties, contents and allegations of the F.I.R., the fact that the investigation is going on, the allegation has been levelled against all family members of the husband of the deceased, present applicant is mother-in- law, there is no antemortem injury on the body of the deceased, relation of the present applicant with her daughter-in-law was cordial and she never demanded any dowry from her or her family members, the applicant being a lady, her liberty may be protected and the undertaking of the applicant that she shall cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98.

7. It is needless to say that the applicant shall cooperate with the investigation properly, failing which the protection being given by this order may not be available to her any further.

8. Till the next date of listing or filing of police report whichever is earlier, it is directed that in the event of arrest, applicant shall be released on anticipatory bail in the aforesaid case crime number on her furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned with the following conditions:- i. that the applicant shall make herself available for interrogation by a police officer as and when required; ii. that 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 her from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without the previous permission of the court; iv. that in default of any of the conditions mentioned above, the investigating officer shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant; v. that the applicant shall not pressurize/ intimidate the prosecution witness;

9. When the case is next listed name of Sri Alok Kumar, Advocate shall be printed as counsel for the complainant." 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 3 NABAIL No. 233 of 2024 the investigation. Charge-sheet in the case has already been filed. She has not misused the liberty of interim anticipatory bail granted by the Court. She undertakes to cooperate in the trial and in case, she is enlarged on anticipatory bail, she shall not misuse the liberty of same. 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. 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 the coordinate bench of this Court vide order dated 19.12.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. September 3, 2025 Shravan (Karunesh Singh Pawar,J.)