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Smt. Shakuntala Kesarwani vs State Of U.P. on 17 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 31782 of 2019

Applicant :- Smt. Shakuntala Kesarwani

Opposite Party :- State Of U.P.

Counsel for Applicant :- Desh Ratan Chaudhary

Counsel for Opposite Party :- G.A.,Gaurav Tripathi

Hon’ble Arvind Kumar Mishra-I,J.

Heard Sri D.R. Chaudhary, learned counsel for the applicant, Sri Aushim Luthera, Advocate holding brief of Sri Gaurav Tripathi, learned counsel for the complainant as well as learned A.G.A. for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant is that the allegations are baseless and absolutely false. The point is very much vindicated by the site plan of the occurrence as it was double storeys house and the deceased was member of the joint family which she desisted and tried to live separately from joint family when she failed, she committed suicide. Thereafter, a concocted story of dowry demand after consultation was made in the first information report. has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. In case the applicant is admitted to bail, there is no possibility of her absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 13.04.2019.

Learned counsel for the complainant has contended that the site plan of the place of occurrence is indicative of fact that the actual occurrence took place on the first floor of the house, whereas, the dead body of the deceased was brought down on the ground floor. It has not been ascertained as to how it was happened. There is no mention about situation of the room whether it was bolted from outside or inside. All the circumstances point out that the applicant being mother-in-law of the deceased was in a position to dominate the situation and make demand of dowry as alleged in the first information report and it cannot be said that the allegations made against the applicant are baseless and false. The demand of dowry is specific against the applicant.

Learned A.G.A. has adopted the contention of the learned counsel for the complainant.

Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

Let the applicant Smt. Shakuntala Kesarwani involved in Case Crime No.81 of 2019, under Sections 498A, Section304B I.P.C. and 3/4 SectionDowry Prohibition Act, Police Station Lalganj, District Mirzapur be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 17.9.2019

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