High Court
Case Details
Neutral Citation No. - 2025:AHC:25936 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3834 of 2025 Applicant :- Smt. Bati Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney,Raju Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J.
Legal Reasoning
1. By means of this application under Section 483 of B.N.S.S., applicant-Smt. Bati, who is involved in Case Crime No. 328 of 2024, under Sections 80(2), 109, 115(2), 352 of B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, Police Station Sector 113, District Gautam Buddh Nagar, seeks enlargement on bail during the pendency of trial. 2. Heard learned counsel for the applicant as well as Mr. Rabindra Kumar Singh, learned Additional Government Advocate, assisted by Ms. Priyanka Singh, learned Brief Holder representing the State. 3. As per prosecution case, the informant who is brother of the deceased lodged a First Information Report on 10.08.2024 for the alleged offence under Sections 85, 109, 115(2) and 352 of B.N.S. and Section 3/4 Dowry Prohibition Act against Varun, Bati, Mahendra, Anchal, Pawan alias Dambar and Devendra who are husband, mother-in-law, father-in- law, sister-in-law (ननद), brother-in-law (जजेठ) and uncle- in-law of the deceased respectively, with the allegations inter alia that marriage of his sister was solemnized with son of the applicant on 29.04.2018, in which sufÏcient dowry (Rs. 15,00,000/- cash and jewellery) was given but her in-laws were not satisfied with the dowry. They were demanding additional dowry of Rs. 4,00,000/- and a four wheeler vehicle. F.I.R. further alleges that informant along with his relatives went to the matrimonial home of the deceased to resolve the dispute but her in-laws did not agree and were not ready to keep his sister without fulfilling their demands. Then he somehow managed money from his relatives and gave Rs. 1,00,000/- cash to his sister's husband but even after taking money there was no change in the behaviour of in-laws of his sister. They were continuously torturing and harassing the deceased. His sister used to inform all this over the phone. His sister called him and told that her in-laws have ruined the lives of both of us and only you can save our lives by fulfilling their additional demand of dowry. On 10.08.2024 at about 09:00 A.M. in the morning, his elder sister Ritu called and told that the accused persons attacked on his younger sister (deceased), and injured her, when she fell unconscious on the ground, her husband made a noose with her dupatta and strangled her. Her mother-in-law, father-in-law and sister-in-law held her hands and legs. When his elder sister protested, they thrashed her and locked her in the room. She still locked in a room. She said that you come quickly and save us. Then he immediately reached there but he did not find anyone there. The neighbours told that Naina has been taken to Fortis Hospital. When he reached there, he saw that his sister was admitted in I.C.U. in a serious condition. On asking her in-laws, they started abusing him. Then he informed police at 112, on which police came there and said that he should give a written complaint in the police station. 4. It argued by learned counsel for the applicant that applicant is mother-in-law of the deceased. The allegation of demand of dowry and harassment of the deceased in her matrimonial home as well as allegation of the prosecution that deceased was strangled to death by the accused persons are wholly false and against the evidence on record. In fact deceased was short tempered lady. There were frequent quarrel between the deceased and her husband, therefore, under frustration she attempted to commit suicide by hanging in her room, then she was taken to Motherland Hospital on 10.08.2024 but after preliminary examination, she was shifted to Fortis Hospital, where she died during her treatment after forty days on 20.09.2024 due to septicemia. No injury was found on her body. No dying declaration of the deceased was recorded. The applicant who is aged about sixty seven years had no concern with the said incident. She has been falsely implicated in this case, hence she is entitled for bail. No other point has been pressed. 5. Per contra, learned Additional Government Advocate for the State opposed the prayer for bail of the applicant by reiterating the prosecution case as mentioned in the F.I.R. by contending that both the sisters (deceased-Naina and Ritu) were married to Varun and Pawan alias Dambar who are also real brothers. On account of non-fulfilment of additional demand of dowry, in-laws of sister of the complainant used to harass and torture her in her matrimonial home adopting different modus operandi. Marriage of Naina was solemnized on 29.04.2018 with Varun but she died her unnatural death on 20.09.2024 within seven years of her marriage, therefore, presumption under Section 117 and 118 of the Bharatiya Sakshya Adhiniyam are also attracted in the present case. It is also pointed out that the informant received an information about the said incident on 10.08.2024 from his elder sister Ritu, then he immediately went to matrimonial home of his sister but he did not find anyone there. On the information given by the neighbours that his sister Naina has been taken to Fortis Hospital, he went there and found that his sister was admitted in ICU in serious condition. Thereafter, on 10.08.2024 at 18.46 hours he lodged the F.I.R. against the in-laws of his sister including the applicant under Sections 85, 109,115(2), 352 B.N.S. and Section ¾ Dowry Prohibition Act. Thereafter, the investigating ofÏcer went to Fortis Hospital for recording statement of Naina (deceased) but she was on ventilator and was unconscious, hence doctors of Fortis Hospital, who were treating Naina, told that condition of Naina is serious and she is not in a position to speak, hence her statement could not be recorded. The reference of the same has been mentioned by the investigating ofÏcer in C.D. No. 3 dated 13.08.2024. The investigating ofÏcer has also mentioned in the case diary that accused persons were absconding, therefore, no interrogation could be done with them. The investigating ofÏcer recorded the statement of Dr. Kapil Kumar Singhal, Director Neurologist, Fortis Hospital who has stated inter alia that considering the serious condition of the patient, she was kept on ventilator. The urine test of Naina for pregnancy was found positive. The investigating ofÏcer on 06.09.2024 also moved an application before ACJM- Ist. Guatam Buddh Nagar mentioning therein that accused persons are absconding and mounting pressure upon the informant for compromise. It is also pointed out that investigating ofÏcer has recorded the statement of eye-witness Smt. Ritu who is real sister of Naina, in which she has narrated the entire happenings giving vivid description of the incident, which find support to the prosecution case as mentioned in the F.I.R. The investigating ofÏcer has also recorded the statement of Ragendri (mother of the deceased), Indra Singh (mediator of marriage), Sarjeet (uncle of the deceased) and they all have supported the prosecution case. After the death of Naina Section 80(2) of B.N.S. was added. Much emphasis has been given by contending that as per postmortem report three injuries were found on the body of the deceased, in fact, the case of murder has been tried to give a colour of suicide. Considering the gravity of offence, the bail application of the applicant is liable to be rejected. 6. Having heard learned counsel for the parties and examined the matter in its entirety, I find that first time information about the said incident was given by Ritu to her brother (complainant). Smt. Ritu is real sister as well as sister-in-law (दजेवररानन) of deceased Naina. She claims herself to be an eye-witness of the incident, therefore, her statement is relevant for the purpose of this case, which is quoted herein below:- "बयरान चश्मदनद गवराह/मजरूबरा ...... शनमतन रनटट पपुतन स्व . शन ततलक ससिሺह पत्नन पवन यरादव तनवरासन गराम नयरावरास ससघघोडरा थरानरा ससम्भरावलन जनपद हरापपुड मघो 0 निሺ0 7983712125 नजे पटछनजे पर बतरायरा तक सर मजेरन बहन ननैनरा ककी शरादन तदनरािሺक 29 अपनैल 2018 कघो पटरर रनतत ररवराज सजे मजेरजे दजेवर वरुर पपुत महजेन््ቖ तनवरासन सघोरखरा जरातहदराबराद कजे सराथ हहई थन शरादन मम लगभग 25 लराख खचर तकयजे थजे सजसमम 15 लराख रूपयजे नगद बराककी जजेबर आतद उपहरारघो आतद लगजे थजे। तदयजे गयजे शरादन मम दरान दहजेज सजे मजेरन बहन करा पतत वरुर पपुत महजेन््ቖ, सरास वतन, नन्द आआँ चल, जजेठ पवन उरर डम्बर, चराचरा ससपुर दजेवजेन््ቖ पपुत ररच्छरा खपुश नहीሻ थजे और मजेरन बहन सजे ओर अततरर्ሹ दहजेज ककी मरािሺग चरार पतहयरा गराडन व 4 लराख नगद ककी मरािሺग करतजे थजे मजेरजे भराई नजे ररस्तजेदरारघो कघो सराथ लजेकर घर आकर मजेरन बहन कजे पतत और सरास, ससपुर कघो समझरानजे ककी कघोतशश ककी परन्तपु वघो लघोग नहीሻ मरानजे ओर तबनरा मरािሺग पटरन तकयजे मजेरन बहन कघो रखनजे कघो तनैयरार नहीሻ हहए मजेरजे भराई नजे तकसन तरह सजे ररश्तजेदरारोሲ सजे पनैसजे मरािሺगकर मजेरन बहन कजे पतत कघो नगद एक लराख रुपयजे भन तदयजे परन्तपु पनैसरा लजेनजे कजे बराद भन मजेरन बहन कजे ससपुरराल वरालघो कजे व्यवहरार मम कघोई पररवतरन नहन आयरा मजेरन बहन ककी नन्द व चराचरा ससपुर भन उसकघो आयजे तदन पतरातडत करतजे थजे इन सब बरातघो ककी जरानकरारन ननैनरा नजे भराई कघो रघोन पर दन थन मनैनजे रघोन करकर अपनजे भराई कघो बतरायरा तक यजे लघोग मपुझजे भन अततरर्ሹ दहजेज ककी मरािሺग पटरन न करनजे कजे सलए पतरातडत कर रहजे हनै। हम दघोनघो बहनघो करा जनवन हमरारन ससपुरराल वरालघो नजे बबरारद कर तदयरा हनै। इनककी मरािሺग कघो पटररा करनजे कजे सलए कहन सजे भन इन्तजराम करराकर इनककी मरािሺग पटरन कर दघो नहीሻ तघो यजे लघोग हमजे सजन्दरा नहन छघोडजेगजे मजेरजे भराई नजे मपुझजे आश्वरासन तदयरा मम जल्द हन आपककी ससपुरराल आकर बरात करूगरा तदनरािሺक 10.8.2024 कघो सपुबह 9 बजजे मनैनजे अपनजे भराई कघो रघोन करकजे बतरायरा तक ननैनरा कघो उसकजे पतत वरुर व ससपुर महजेन््ቖ सरास वतन दजेवन ओर मजेरजे पतत पवन उरर डम्बर नजे मजेरन छघोटन बहन कजे ससर पर वरार करकजे घरायल कर तदयरा जब वघो बजेशपु्ቍ हघोकर जमनन पर तगर गयन तघो उसकजे पतत वरुर नजे दपुप्पटजे सजे रन्दरा बनराकर उसकरा गलरा घघोट तदयरा व मजेरन बहन कजे सरास ससपुर व नन्द नजे उसकजे हराथ पराव पकड सलयजे मनैनजे तवरघोध तकयरा तघो मपुझकघो मरार पनटकर कमरजे मजे बन्द कर तदयरा ओर मनैनजे तकसन तरह सजे तछपकर भराई सजे रघोन ककी थन तक तपुम जल्दन आ जराओ और हमकघो बचरा लघो मजेरजे भराई मजेरन ससटरराल आयरा वहरािሺ पर कघोई नहन तमलरा आस पडघोस कजे लघोगघो नजे बतरायरा तक ननैनरा कघो रघोतटरज अस्पतराल सनैक्टर 62 लजे गयजे हनै। जब मजेररा भराई अस्पतराल पहह िሺचरा तघो दजेखरा ककी मजेरन बहन ननैनरा गम्भनर हरालत मम I.C.U. मम भतቔኍ थन। ससपुरराल वरालघो सजे पटछनजे पर वघो सब लघोग गरालन गललौच करनजे लगजे सजसकजे सलए मजेररा भराई नजे यह मपुकदमरा सलखरायरा हनै। यहन मजेररा बयरान हनै।" From aforesaid statement of Smt. Ritu, I also find that she has levelled serious allegations of harassment and torture of Naina against the applicant and other co-accused persons, which cannot be ignored at pre-trial stage. The offence as alleged by the prosecution is heinous in nature. The presumption under Sections 117 and 118 of the Bharatiya Shakshya Adhiniyam, 2023 is also attracted under the facts and circumstances as well as material evidence collected by the investigating ofÏcer which are on record. The accused persons were also not present at the time of inquest, as they were absconding. As per inquest report, in charge inspector gave information about the death of the deceased in Fortis Hospital and as per opinion of Panch Witnesses deceased Naina was strangled to death. The F.I.R. was already lodged on 10.08.2024 with serious allegations against the accused persons. 7. Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence, role assigned to applicant and severity of punishment, I do not find any good ground to release the applicant on bail. 8. Accordingly, the bail application is rejected. 9. It is made clear that the observation contained in the instant order is confined to the issue of bail and shall not affect the merit of the trial. Order Date :- 24.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad