Allahabad High Court

Smt Ramo Devi vs State Of U.P. on 26 July, 2024

Author:
Ajay Bhanot

Bench:
Ajay Bhanot

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Neutral Citation No. - 2024:AHC:120225

Court No. - 65

Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4962 of 2024

Applicant :- Smt Ramo Devi

Opposite Party :- State of U.P.

Counsel for Applicant :- Syed Ali Imam

Counsel for Opposite Party :- G.A.,Yogendra Pal Singh

Hon'ble Ajay Bhanot,J.

Matter is taken up in the revised call. Shri Syed Ali Imam, learned counsel for the applicant is not present. Shri Sanjay Kumar Pal, learned counsel holding brief of Shri Syed Ali Imam, learned counsel for the applicant is not prepared with the matter.

None appears on behalf of the first informant. Name of counsel for the first informant is shown in the cause list.

The applicant cannot be bereft of legal aid and the matter cannot be dismissed for non-prosecution in view of the judgement rendered by this Court in
Maneesh Pathak vs. State of U.P.
in Criminal Misc. Bail Application No. 18536 of 2020. Shri Vijit Saxena, learned counsel is appointed as amicus curiae to represent the applicant and assist the Court.

By means of this anticipatory bail application the applicant has prayed to be enlarged on anticipatory bail in Case Crime No. 67 of 2024, under
Sections 306
,
498A
,
,
,
,
I.P.C., Police Station-Lalkurti, District-Meerut.

The bail application of the applicant was rejected by the learned trial court on 30.04.2024.

The following arguments made by Shri Vijit Saxena, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Shrawan Kumar Dubey, learned AGA from the record, entitle the applicant for grant of bail:

1. The applicant is the mother-in-law of the deceased.

2. The applicant never tortured the deceased or demanded dowry.

3. The applicant never interfered in the marital life of the deceased and her husband. The applicant is bereaved by the death of her daughter-in-law.

4. The deceased was depressed on account of failure to bear a child.

5. On the fateful day, the deceased succumbed to depression and took the extreme step of ending her life. She committed suicide by hanging.

6. The applicant did not aid or abet the suicide.

7. The applicant does not have any criminal history apart from this case.

8. The applicant undertakes that she shall not abscond and will fully cooperate in the investigations. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on anticipatory bail.

In the light of the preceding discussion and without making any observations on the merits of the case, the anticipatory bail application is allowed.

Let the applicant- Smt Ramo Devi is granted anticipatory bail till the conclusion of the trial 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 below. The following conditions be imposed in the interest of justice:-

(i) The applicant shall attend the Court proceedings as and when required.

(ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence.

(iii) The applicant shall not leave India without the previous permission of the court.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application for cancellation of anticipatory bail before this Court.

The District Legal Services Authority (DLSA), Meerut shall ensure that appropriate legal aid is made available to the applicant for purposes of submitting sureties and completion of other formalities for being set forth at liberty.

Registry is directed to send a copy of this order to the District Legal Services Authority (DLSA), Meerut for onward communication to the applicant who is in jail, and for assisting the applicant in the manner stated above.

A copy of this order translated in Hindi shall be provided to the accused in jail through the District Legal Services Authority.

This Court appreciates the assistance rendered by Shri Vijit Saxena, amicus curiae. The High Court Legal Services Committee may kindly consider the payment of usual remuneration to Shri Vijit Saxena, Adv. Roll A/V 0219/12 who represented the applicant as amicus curiae before this Court.

Order Date :- 26.7.2024

Dhananjai