Sushila Aggarwal v. State

Heard learned counsel for the applicant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 21.02.2025 while granting interim protection to the applicants has passed the following order:- "1. Heard Sri Amit Verma, learned counsel for the applicant and learned AGA for the State.

2. Let notice be issued to the opposite party no. 2 returnable at an early date.

3. Steps within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No. 0193 of 2024, under Sections 80, 85 B.N.S., 2023 and section 3,4 Dowry Prohibition Act, 1961, Police Station -Udaipur, District - Pratapgarh.

5. Learned counsel for the applicant has submitted that general allegations have been levelled against all family members including the present applicant. The present applicant is father- in-law of the victim (since deceased). No specific role has been attributed to him. The relation of the present applicant with her daughter-in-law (since deceased) was cordial and he has never demanded any dowry from her or her family members. The F.I.R. has been lodged having ulterior motive and extraneous design in the mind of the complainant. The cause of death is hanging. He is absolutely unaware why the victim (since deceased) committed suicide. At the time of incident he was not present at home rather he was at fields. The present applicant is having no prior criminal history of any kind whatsoever. The applicant has his permanent accommodation, hence there is no flight risk. He undertakes that he shall cooperate in the investigation, therefore, his liberty may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98.

6. Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant.

7. Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; other material available on record; the fact that the present applicant is father-in-law of the victim (since deceased), no specific role has been attributed to him, the relation of the present applicant with his daughter-in-law (since deceased) was cordial and he has never demanded any dowry from her or her family members, cause of death is hanging, applicant is absolutely unaware why the victim (since deceased) committed suicide, at the time of incident he was not present at home rather he was at fields, the present applicant is having no prior criminal history of any kind whatsoever, applicant has his permanent accommodation, hence there is no flight risk, and the undertaking of the applicant that he shall cooperate in the investigation, I find it appropriate that liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra).

8. Let counter affidavit be filed within a period of four weeks.

9. List and connect with Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 108 of 2025.

10. Till the next date of listing, it is directed that in the event of arrest, applicant-Ram Sajivan Rajak @ Ram Sajivan shall be released on interim 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 appear before the Investigating Officer concerned on 7.2.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all the information and evidence with him to the investigation officer, failing which this protection may be withdrawn. 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 him 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;" Learned counsel for the applicants submits that allegation in the F.I.R. are baseless and applicants have been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 21.02.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 21.02.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 21.02.2025 while granting interim protection to the applicants has passed the following order:- "1. Heard Sri Amit Verma, learned counsel for the applicant and learned AGA for the State.

2. Let notice be issued to the opposite party no. 2 returnable at an early date.

3. Steps within a week. Office to proceed accordingly.

4. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No. 0193 of 2024, under Sections 80, 85 B.N.S., 2023 and section 3,4 Dowry Prohibition Act, 1961, Police Station -Udaipur, District - Pratapgarh.

5. Learned counsel for the applicant has submitted that general allegations have been levelled against all family members including the present applicant. The present applicant is father- in-law of the victim (since deceased). No specific role has been attributed to him. The relation of the present applicant with her daughter-in-law (since deceased) was cordial and he has never demanded any dowry from her or her family members. The F.I.R. has been lodged having ulterior motive and extraneous design in the mind of the complainant. The cause of death is hanging. He is absolutely unaware why the victim (since deceased) committed suicide. At the time of incident he was not present at home rather he was at fields. The present applicant is having no prior criminal history of any kind whatsoever. The applicant has his permanent accommodation, hence there is no flight risk. He undertakes that he shall cooperate in the investigation, therefore, his liberty may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98.

6. Per contra, learned AGA has opposed the aforesaid prayer of the learned counsel for the applicant but could not dispute the submissions so made by the learned counsel for the applicant.

7. Without entering into merits of the issue; considering the arguments of the learned counsel for the parties; other material available on record; the fact that the present applicant is father-in-law of the victim (since deceased), no specific role has been attributed to him, the relation of the present applicant with his daughter-in-law (since deceased) was cordial and he has never demanded any dowry from her or her family members, cause of death is hanging, applicant is absolutely unaware why the victim (since deceased) committed suicide, at the time of incident he was not present at home rather he was at fields, the present applicant is having no prior criminal history of any kind whatsoever, applicant has his permanent accommodation, hence there is no flight risk, and the undertaking of the applicant that he shall cooperate in the investigation, I find it appropriate that liberty of the present applicant may be protected in view of the dictum of the Apex Court in re; Sushila Aggarwal (supra).

8. Let counter affidavit be filed within a period of four weeks.

9. List and connect with Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 108 of 2025.

10. Till the next date of listing, it is directed that in the event of arrest, applicant-Ram Sajivan Rajak @ Ram Sajivan shall be released on interim 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 appear before the Investigating Officer concerned on 7.2.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall provide all the information and evidence with him to the investigation officer, failing which this protection may be withdrawn. 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 him 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;" Learned counsel for the applicants submits that allegation in the F.I.R. are baseless and applicants have been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 21.02.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 21.02.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 21.8.2025 Saurabh Yadav/- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench