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Maddhu Ram & Anr. (Anticipatory … vs State Of U.P. & Anr. on 1 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 13

Case :- BAIL No. – 9917 of 2019

Applicant :- Maddhu Ram Anr. (Anticipatory Bail)

Opposite Party :- State Of U.P. Anr.

Counsel for Applicant :- Amrendra Singh,Diwakar Singh

Hon’ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the applicants as well as learned Additional Government and perused the record.

2. By means of this application under Section 438 CrPC, the applicants have sought anticipatory bail in FIR No.282 of 2019 under Sections 498A and Section304B IPC and 3/4 SectionDowry Prohibition Act, Police Station Kotwali Sadar, District Lakhimpur Kheri.

3. The accused-applicants are in-laws of the deceased, Sunita Devi. The deceased was living with her husband separately. The deceased after receiving injuries in the incident where she fell down/thrown away allegedly, from 3rd floor of the house, got admitted in the hospital by her husband on 05.03.2019. However, she died on the next day at around 4:00 P.M.

The complainant was a witness of the inquest. In the opinion of inquest witnesses, the deceased died because of the injuries received by her in the accident. Even, The Magistrate who conducted the inquest was also of the opinion that the deceased had died because of the injuries received in the accident.

From the postmortem report of the deceased, it is evident that the deceased had received four antemortem injuries and the cause of death was opined to be septicemia as a result of antemortem injuries. After the inquest and postmortem report, the complainant has lodged an FIR alleging dowry demand and torture and throwing the deceased from 3rd floor of the house.

4. Learned counsel for the accused-applicants submits that the deceased had died in an accident where she fell down inside the house from staircase and received injuries and the husband himself admitted her in hospital. He further submits that the accused-applicants resides in Mirzapur and, the deceased was living with the husband in S.S.B. Colony, Kheri. The allegations against the applicants are palpably false.

5. Considering the aforesaid submissions and, without entering into merit of the case, I find it appropriate to grant protection to the applicants (Maddhu Ram and Smt. Malti alias Gena Devi) under Section 438 Cr.P.C. till filing of the police report under Section 173(2) Cr.P.C. In the event of arrest, the applicants shall be released on bail on each of them furnishing a personal bond of Rs.30,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicants shall cooperate in the investigation and they will not influence the witnesses. They will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The applicants shall also be released with the following conditions :-

(i) That the applicants shall make themselves available for interrogation by a police officer as and when required;

(ii) That the applicants 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 them from disclosing such facts to the Court or to any police officer; and

(iii) That the applicants shall not leave India without the previous permission of the Court.

6. With the above observation/direction, the anticipatory bail application is disposed of.

[Dinesh Kumar Singh,J.]

Order Date :- 1.11.2019 MVS/-

 

 

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