Sonam v. The State of Bihar

2. Heard Sri Ankit Agarval, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No. 319 of 2025, under Sections 80(2), 85, 115(2) and 352 of BNS and Section 3/4 of D.P. Act, Police Station Saradana, District Meerut, during the pendency of trial.

4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about ten hours and there is no explanation of the said delay caused.

5. Learned counsel has also stated that the applicant is the mother- in-law of the deceased person. The allegations are per se false. There are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging.

6. Learned counsel has next stated that the informant was present at the time of inquest proceedings including on the date of incident i.e. on 25.05.2025 which was complete by 12:30 p.m. itself and the informant is the panch witness no.4 in the said inquest proceedings, as such it is a clear cut case of false implication as an afterthought.

7. There is no criminal history of the applicant. The applicant is languishing in jail since 26.05.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

9. Learned counsel for the applicant has also placed much reliance upon the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599, whereby it has been categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Learned counsel has further stated that the applicant lives separately in the house opposite to the house of husband of the informant.

10. In the case of Thulia Kali vs The State of T.N. reported in AIR 1973 SC 501, the Supreme has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation.

11. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

12. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

13. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception".

14. The Supreme Court in Jalaluddin Khan Vs. Union of India, reported in (2024) 10 SCC 574, held that 'bail is the rule, jail is the exception' even in special statute like the Unlawful Activities (Prevention) Act, 1967.

15. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

16. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.

17. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that there are general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed.

18. Let the applicant- Brahamadevi, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.

19. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

20. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.8.2025 Sumit S (Justice Krishan Pahal)

2. Heard Sri Ankit Agarval, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. Applicant seeks bail in Case Crime No. 319 of 2025, under Sections 80(2), 85, 115(2) and 352 of BNS and Section 3/4 of D.P. Act, Police Station Saradana, District Meerut, during the pendency of trial.

4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about ten hours and there is no explanation of the said delay caused.

5. Learned counsel has also stated that the applicant is the mother- in-law of the deceased person. The allegations are per se false. There are general and omnibus allegations against all the accused persons. The cause of death has been found to be asphyxia as a result of ante mortem hanging.

6. Learned counsel has next stated that the informant was present at the time of inquest proceedings including on the date of incident i.e. on 25.05.2025 which was complete by 12:30 p.m. itself and the informant is the panch witness no.4 in the said inquest proceedings, as such it is a clear cut case of false implication as an afterthought.

7. There is no criminal history of the applicant. The applicant is languishing in jail since 26.05.2025 and she is ready to cooperate with trial. In case, the applicant is released on bail, she will not misuse the liberty of bail.

8. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

9. Learned counsel for the applicant has also placed much reliance upon the judgement of Supreme Court passed in Kahkashan Kausar @ Sonam vs. The State of Bihar, 2022(6) SCC 599, whereby it has been categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Learned counsel has further stated that the applicant lives separately in the house opposite to the house of husband of the informant.

10. In the case of Thulia Kali vs The State of T.N. reported in AIR 1973 SC 501, the Supreme has held that the First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed, the names of the actual culprits and the part played by them as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account, or concocted story as a result of deliberation and consultation.

11. The well-known principle of "Presumption of Innocence Unless Proven Guilty," gives rise to the concept of bail as a rule and imprisonment as an exception.

12. A person's right to life and liberty, guaranteed by Article 21 of the Indian Constitution, cannot be taken away simply because the person is accused of committing an offence until the guilt is established beyond a reasonable doubt. Article 21 of the Indian Constitution states that no one's life or personal liberty may be taken away unless the procedure established by law is followed, and the procedure must be just and reasonable. The said principle has been reiterated by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and Ors., 2022 INSC 690.

13. Reiterating the aforesaid view, the Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement, 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception".

14. The Supreme Court in Jalaluddin Khan Vs. Union of India, reported in (2024) 10 SCC 574, held that 'bail is the rule, jail is the exception' even in special statute like the Unlawful Activities (Prevention) Act, 1967.

15. Learned A.G.A. could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant.

16. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned A.G.A.

17. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the fact that there are general and omnibus allegations against all the accused persons, I find it a fit case to release the applicant on bail. The bail application is allowed.

18. Let the applicant- Brahamadevi, who is involved in aforementioned case crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed.

19. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

20. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 7.8.2025 Sumit S (Justice Krishan Pahal)