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2023 Supreme(All) 1335

IN THE HIGH COURT OF ALLAHABAD
SUBHASH VIDYARTHI, J.
Somvati Gupta – Appellant
Versus
State Of U.P. Thru. Secy. Home U.P. Lko. – Respondent
Criminal Misc Anticipatory Bail Application U/S 438 Cr.P.C. No.2170 of 2023
Decided on : 05-10-2023

Advocates:
Advocate Appeared:
For the Appellant : Katyayan Mishra, Mahendra Kumar Verma

Headnote:

Anticipatory Bail - Domestic Violence - The court granted anticipatory bail to the applicant, the mother-in-law of the deceased, considering the circumstances of the case and the statement of a mediator for the second marriage of the deceased, which indicated that the applicant is entitled to be granted anticipatory bail.

Fact of the Case:

The applicant sought anticipatory bail in a case involving charges under Sections 498-A, 323, 304-B IPC & 3/4 D.P. Act, related to the death of the informant's daughter who was married to the applicant's son. The deceased was alleged to have been harassed for dowry and was found dead in a hospital.

Finding of the Court:

The court granted anticipatory bail to the applicant, considering the circumstances of the case and the statement of a mediator for the second marriage of the deceased, which indicated that the applicant is entitled to be granted anticipatory bail.

Issues: Anticipatory bail application in a case involving charges under Sections 498-A, 323, 304-B IPC & 3/4 D.P. Act related to the death of the informant's daughter.

Ratio Decidendi: The court considered the circumstances of the case and the statement of a mediator for the second marriage of the deceased in granting anticipatory bail to the applicant.

Final Decision: The anticipatory bail application of the applicant was allowed, subject to certain conditions.

JUDGMENT :

1. Heard Sri Katyayan Mishra, the learned counsel for the applicant as well as Sri Anurag Verma, the learned AGA-I for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 259 of 2023, under Sections 498-A, 323, 304-B IPC & 3/4 D.P. Act, Police Station Madiawan, District Lucknow.

3. The aforesaid case has been registered on the basis of an FIR lodged on 11.06.2023 against four persons, including the applicant and her family members, stating that the informant had got his daughter married to the applicant's son co-accused Ankit Gupta, about two years ago; that all the persons used to harass her for demanding dowry and the applicant's son told the informant at about 06:15 a.m. on 11.06.2023 that the informant's daughter had consumed poison and she was admitted to a hospital. The informant found her daughter laying dead in Trauma Centre, Lucknow. The post mortem report of the deceased mentions no injury on any part of her body.

4. The Investigating Officer has recorded statement of a person, who had acted as a mediator for marriage of the informant's son and he stated that the informant's daughter was earlier married to a person at Lakhimpur but that marriage had broken down. On the request of the informant's younger son, the witness had helped in settlement of her second marriage with the applicant's son. The wedding ceremony was solemnized in a temple on 12.07.2021. He had conversed with the deceased on numerous occasions and she had told him that she was facing some problem in getting pregnant and was undergoing treatment therefor but she never told about any other problem.

5. The applicant is mother-in-law of the deceased, she is aged 62 years and she has no criminal history.

6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the statement of a person who had acted as a mediator for the second marriage of the informant's daughter, I am of the view that the applicant is entitled to be granted anticipatory bail in the present case.

7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Somvati Gupta @ Somati before the learned Trial Court in the aforesaid complaint case, she shall be released on anticipatory bail on her furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

    (i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(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 pressurize/ intimidate the prosecution witness.

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