Sushila Aggarwal v. State

Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 003 of 2025, under Sections 80(2), 85 BNS and 3/4 D.P. Act, P.S. Mallawan, District Hardoi. The Co-ordinate Bench of this Court vide order dated 4.3.2025 has passed the following order:- "1. Heard Sri Sri Rajat Pratap Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, 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 her arrest in Case Crime No.003 of 2025 u/s 80(2), 85 BNS and 3/4 D.P. Act, P.S. Mallawan, District Hardoi.

5. The applicant is mother-in-law of the deceased and she was having cordial relation with her as she has not demanded any dowry from her or her family members. She is separately living with her husband who is in jail. Her son, the husband of the deceased, is in jail and her daughter-in-law has died leaving her two years infant child to whom she is looking after as there is no one in the family to look after. The recital to this effect has been given in para no. 12 of the bail application. Learned counsel has stated that if the present applicant is sent to the judicial custody, the two years infant child would suffer irreparably. The cause of death is hanging and there is no ante-mortem injuriy except the ligature mark which might have caused on account of hanging. Investigation is going on and she is cooperating in the investigation and she undertakes that she shall cooperate in future also, therefore, her liberty may be protected till completion of investigation or filing of the police report u/s 173(2) Cr.P.C. / 193(3) BNSS in view of dictum of 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 applicant is mother-in-law of the deceased and she was having cordial relation with her as she has not demanded any dowry from her or her family members, applicant was separately living with her husband who is in jail, her son, the husband of the deceased, is in jail and her daughter-in-law has died leaving her two years infant child to whom she is looking after as there is no one in the family to look after, if the present applicant is sent to the judicial custody the two years infant child would suffer irreparably, cause of death is hanging and there is no ante-mortem injury except the ligature mark which might have caused on account of hanging, investigation is going on and she is cooperating in the investigation and she undertakes that she shall cooperate in future also, I find it appropriate that liberty of the present applicant may be protected till completion of investigation or filing of the police report u/s 173(2) Cr.P.C. / 193(3) BNSS 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 in the week commencing 7.4.2025 within top ten cases.

10. Till the next date of listing, it is directed that in the event of arrest, applicant- Jai Devi @ Bitoli 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 11.3.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report failing which provide all the information and evidence with her to the investigation officer, failing which this protection may be withdrawn on the application being filed by the informant or the State. 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 applicant and learned counsel for the complainant have submitted that the charge-sheet in the case has been filed. The applicant has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. It is not disputed by learned counsel for the opposite parties that the applicant has not misused the liberty of interim anticipatory bail granted by the Court. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 4.3.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 14.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 003 of 2025, under Sections 80(2), 85 BNS and 3/4 D.P. Act, P.S. Mallawan, District Hardoi. The Co-ordinate Bench of this Court vide order dated 4.3.2025 has passed the following order:- "1. Heard Sri Sri Rajat Pratap Singh, learned counsel for the applicant and Sri Bhanu Pratap Singh, 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 her arrest in Case Crime No.003 of 2025 u/s 80(2), 85 BNS and 3/4 D.P. Act, P.S. Mallawan, District Hardoi.

5. The applicant is mother-in-law of the deceased and she was having cordial relation with her as she has not demanded any dowry from her or her family members. She is separately living with her husband who is in jail. Her son, the husband of the deceased, is in jail and her daughter-in-law has died leaving her two years infant child to whom she is looking after as there is no one in the family to look after. The recital to this effect has been given in para no. 12 of the bail application. Learned counsel has stated that if the present applicant is sent to the judicial custody, the two years infant child would suffer irreparably. The cause of death is hanging and there is no ante-mortem injuriy except the ligature mark which might have caused on account of hanging. Investigation is going on and she is cooperating in the investigation and she undertakes that she shall cooperate in future also, therefore, her liberty may be protected till completion of investigation or filing of the police report u/s 173(2) Cr.P.C. / 193(3) BNSS in view of dictum of 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 applicant is mother-in-law of the deceased and she was having cordial relation with her as she has not demanded any dowry from her or her family members, applicant was separately living with her husband who is in jail, her son, the husband of the deceased, is in jail and her daughter-in-law has died leaving her two years infant child to whom she is looking after as there is no one in the family to look after, if the present applicant is sent to the judicial custody the two years infant child would suffer irreparably, cause of death is hanging and there is no ante-mortem injury except the ligature mark which might have caused on account of hanging, investigation is going on and she is cooperating in the investigation and she undertakes that she shall cooperate in future also, I find it appropriate that liberty of the present applicant may be protected till completion of investigation or filing of the police report u/s 173(2) Cr.P.C. / 193(3) BNSS 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 in the week commencing 7.4.2025 within top ten cases.

10. Till the next date of listing, it is directed that in the event of arrest, applicant- Jai Devi @ Bitoli 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 11.3.2025 at 11.00 A.M. sharp to cooperate in the investigation and shall further cooperate in the investigation till completion of the investigation and filing of the police report failing which provide all the information and evidence with her to the investigation officer, failing which this protection may be withdrawn on the application being filed by the informant or the State. 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 applicant and learned counsel for the complainant have submitted that the charge-sheet in the case has been filed. The applicant has not misused the liberty of interim anticipatory bail granted by the Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. It is not disputed by learned counsel for the opposite parties that the applicant has not misused the liberty of interim anticipatory bail granted by the Court. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 4.3.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 14.8.2025 Shravan SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench