High Court
Case Details
Neutral Citation No. - 2023:AHC:130788 Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29029 of 2023 Applicant :- Smt Vitta Devi Opposite Party :- State of U.P. Counsel for Applicant :- Arun Kumar Gupta Counsel for Opposite Party :- G.A.,Aditya Upadhyay Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Arun Kumar Gupta, learned counsel for the applicant, Sri Aditya Upadhyay, learned counsel for the first informant, who has filed his Vakalatnama in court, which is taken on record and Sri Rajivdhar Dwivedi, learned counsel for the State and perused the material on record. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Smt. Vitta Devi seeking enlargement on bail during trial in connection with Case Crime No. 71 of 2023, under Section 306 I.P.C., registered at Police Station Kant, District Shahjahanpur. 4. The first information report of the present case was lodged on 02.02.2023 by Prabhab Singh against applicant and Sukhveer Singh @ Shiv Veer Singh alleging therein that his sister Ruby was married around 17 years back with Sukhveer Singh @ Shiv Veer Singh, his brother in law had illicit relationship with the wife of Late Bhallu who is their neighbour which was opposed by his sister due to which Sukhveer Singh and the wife of Bhallu used to mentally torture his sister and beat her. Around three months back both had beaten his sister, on information, he went there and then brought his sister to his house. Later on due to intervention of well wishers, in the month of December, 2022, he sent his sister back. Again on 29.01.2023 at about 09:00 p.m. his niece Komal told him on phone that Sukhveer Singh and wife of Bhallu have assaulted his sister after which, he came there and found her to have received injuries. He told Sukhveer Singh not to meet the wife of Bhallu and not to beat his sister and then came back. On 01.02.2023 at about 09:00 p.m. both the persons assaulted his sister a lot, he told them to visit them. In the evening at about 05:00 p.m. he received an information that his sister has died. He went there and found his sister lying dead on cot and was found to have had lot of injuries. His sister committed suicide due to the torture, beating and illicit relationship. 5. The postmortem examination of the deceased was conducted on 02.02.2023, wherein the doctor found a ligature mark on her neck and opined the cause of death as asphyxia due to ante mortem hanging. 6. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the applicant is the widow of Late Bhallu. It is argued that although in the first information report the applicant has been referred to as the wife of Bhallu and has been stated to have had an illicit affair with co-accused Sukhveer Singh, the husband of the deceased and was also stated to have assaulted the deceased many time, but in the statement of Komal, the daughter of the deceased and Kamal, the son of the deceased, there is no reference whatsoever of the applicant indulging in any kind of harassment, torture and assault upon the deceased. It is argued that even the version in the first information report that when the first informant reached the house of the deceased, he found her body to have received many injuries does not get support from the postmortem report as the doctor did not find any injury on the body of the deceased except for a ligature mark on it. It is argued that in so far as the case of the applicant is concerned, the same is distinguishable with that of co- accused Sukhveer Singh @ Shiv Veer Singh. It is argued that there is no credible evidence whatsoever of the applicant indulging in any illicit relationship with the co-accused. It is further argued that even the children of the deceased did not explicitly state that the applicant was involved in illicit relationship with the co- accused. Learned counsel for the applicant argued that there is no abatement and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. He further argued that the applicant has no criminal history as stated in para 13 of the affidavit and is in jail since 17.04.2023. It is further argued that the applicant is a lady and is aged about 50 years having a 26 years old son as stated in para 12 of the affidavit. It is argued that applicant is a lady and entitled to the benefit of Section 437 Cr.P.C. It is argued that applicant is in jail since 17.04.2023. 7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant is the wife of Late Bhallu, she is the person who was having an illicit relationship with co-accused Sukhveer Singh, husband of the deceased. It is argued that the applicant is named in the first information report and there are allegations against her of torturing and assaulting the deceased. It is argued that as such the applicant is involved in the matter and the bail application be rejected. 8. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is a lady. Although, in the first information report the applicant is stated to have illicit relationship with co-accused and thereby assaulted and tortured the deceased repeated times but in the statement of the children of the deceased, the same is conspicuously missing. There is no abatement and instigation of any kind by the applicant which has any nexus with the death of the deceased. The applicant has no mens-rea at all. There is no overt act whatsoever of the applicant which resulted in the death of the deceased, the applicant has no motive at all to commit the aforesaid offence. 9. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 10. Let the applicant Smt. Vitta Devi, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure her presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under section 174-A I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law and the trial court may proceed against her under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 11. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 12. The bail application is allowed. Order Date :- 3.7.2023 S.A. (Samit Gopal,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad