High Court
Case Details
Court No. - 64 Neutral Citation No. - 2025:AHC:40673 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36975 of 2024 Applicant :- Bilkis Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Adil Counsel for Opposite Party :- Aravind Kumar Tripathi,G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Purushottam Dixit, learned counsel for the applicant, Sri Arvind Kumar Tripathi, learned counsel for the first informant, Sri V.D. Ojha, 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-Bilkis, seeking enlargement on bail during trial in connection with Case Crime No.153 of 2024, under Sections 85, 80(2) B.NS. and Section 3/4 D.P. Act, Police Station Hazratnagar Garhi, District Sambhal during pendency of the trial. 4. The FIR of the matter was lodged on 29.7.2024 by Smt. Saddiqan against the applicant and five other accused persons including Furqan, the husband of the deceased with the allegation that her daughter Firdos Jahan was married to Furqan about three years back. The couple had a son aged about two years. The accused persons used to trouble her and beat her for dowry. She had given gifts and dowry as per her status but the accused persons were demanding a motorcycle and Rs.2 lakh cash due to which they used to trouble and assault her. On 28/29.7.2024 some times in the night they murdered her daughter and hung her from the fan in the room. She got an information in the morning through her relatives and then reached there and found her daughter to be dead. All the accused persons had left the house and ran away. A report be lodged and action be taken. 5. The postmortem examination of the deceased was conducted on 30.7.2024 and the doctor found following injuries on her body:- "1. Multiple contusions in area 12cmx10cm on both sides head starting just above left ear. 2. Multiple contusions in area 17cmx16cm present on both sides of forehead, upper and lower eyelids of both eyes, nose and right side of face. 3. Ligature mark 27cm in length and 2cm in width present on front and both sides of neck extending to back of neck with gap of 7cm between two ends of ligature. Ligature is 8cm below chin, 4cm below left ear and 7cm below right ear. ligature mark is oblique in position. On dissection, underneath tissue below ligature mark is white, hard and glistening." 6. The cause of death was opined asphyxia as a result of ante- mortem hanging. Further the doctor found brain to have had mild haematoma present. 7. 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 mother-in-law of the deceased. While placing para 23 of the affidavit in support of bail application, it is argued that the applicant is a lady aged about 70 years and is also a heart patient, the whole prosecution story is false, fabricated and concocted. Para 25 of the affidavit in support of bail application has also been placed before the Court. Co-accused Furqan, the husband of the deceased has been granted bail by coordinate Bench of this Court vide order dated 10.12.2024 passed in Criminal Misc. Bail Application No.42847 of 2024, copy of the same produced by learned counsel for the applicant is taken on record. The applicant is a lady and be given benefit of Section 480 of B.N.S.S., 2023. It has also been pointed out that the applicant is not having any criminal history as stated in para 33 of the affidavit and is in jail since 4.9.2024. 8. Per contra learned counsel for the first informant as well as learned counsel for the State vehemently opposed the prayer for bail and argued that the applicant is the mother-in-law of the deceased. The conduct of the accused persons is very objectionable inasmuch as after the death of the deceased, they abandoned the body in the house and ran away. In so far as Furqan is concerned, he has been granted bail on the ground that he had an alibi and was present at the place of his duty. The applicant is named in the FIR and has been assigned the role in the matter. 9. After hearing the counsel for the parties and perusing the record, it is evident that the applicant is the mother-in-law of the deceased. She is a lady aged about 70 years and is also a patient of heart. Co- accused Furqan, the husband of the deceased has been granted bail on the ground of alibi. In so far as the case of Furqan is concerned, the same would go to show that he was not present at the time of incident in the house and thus the prosecution story appears to be not true so far he is concerned. 10. Looking to the facts and circumstances of this case, especially looking to the old age of the applicant, the fact that she is a lady and also that she is a heart patient, this Court is of the view that the applicant may be enlarged on bail. 11. Let the applicant-Bilkis, 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/they 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 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her/them, in accordance with law, under section 209 BNS, 2023. (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 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant (s) 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/them in accordance with law and the trial court may proceed against her/them under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 12. 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. 13. The bail application is allowed. (Samit Gopal, J.) Order Date :- 20.3.2025 Gaurav Kuls Digitally signed by :- GAURAV KULSHRESTHA High Court of Judicature at Allahabad