Alfia vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with Case Crime No. 83 of 2019. The First Information Report was registered against the present applicant along with five other co-accused persons. Present applicant was granted bail under Sections 307, 498A, 323, 504, 506 of the Indian Penal Code, 1860 (in short, “IPC”), Section 3 and Section 4 of the Dowry Prohibition Act, 1961 in the First Bail Application No. 2803 of 2019.

On the written information of the informant (deceased), an FIR was registered on 22.08.2019, according to which, she was married to the co-accused on 24.02.2019. Her husband and her mother-in-law used to torture her demanding dowry and a vehicle. On 22.08.2019 at around 11 a.m., present applicant and other co-accused persons assaulted her and set her ablaze by sprinking oil on her. She is admitted in the hospital. During the investigation, she died on 09.02.2020 during her treatment.

Present applicant had moved a bail application before learned VIth Additional Sessions Judge, Dehradun to release on bail under Section 304B IPC. The said application has been rejected.

Heard Mr. Lalit Sharma, learned counsel for the applicant and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Lalit Sharma, Advocate, contended that the applicant has been implicated in the present matter. She is sister-in-law (Devrani) of the deceased. She is residing separately with her family from the family of the deceased. Co-accused mother-in-law and brother-in-law (Jeth) of the deceased, of the similar role, have been granted bail. Applicant is in custody since 24.06.2022. Charge-sheet has already been filed, therefore, there is no chance of tampering with the evidence.

On the other hand, learned counsel for the State has opposed the bail application. However, she fairly submitted that co-accused mother-in-law and brother-in-law of the deceased have been granted bail.

Bail is the rule and committal to jail is an exception. Refusal of bail is a restriction on the personal liberty of the individual, guaranteed under Article 21 of the Constitution of India. The object of keeping the accused person in detention during the trial is not punishment. The main purpose is manifestly to secure the attendance of the accused.

Having considered the submission of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Second Bail Application is allowed.

Let the applicant – Smt. Alfia be released on bail on her executing personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the trial court regularly and she will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

It is clarified that if the applicant misuses or violates any of the conditions, imposed upon her, prosecution will be free to move the court for cancellation of her bail.