Shamina Khatoon Alias Sabina vs State Of Uttarakhand

Alok Kumar Verma, J

On 22.08.2019, injured-Seema Ahmad lodged a First Information Report with the averments that she was marred to Amjad Ali, co-accused, on 24.02.2019. After one month of marriage, her husband, mother-in-law and her husband’s family members used to torture her demanding dowry and vehicle. On 22.08.2019, her husband told her that he has given her Triple Talaq. Her husband, mother-in-law, sister-in-law (Nanad), Bhabhi Sabina (sister-in-law-present applicant) and brother-in-law Abid (Jeth-husband of the present applicant) poured oil on her and set her on fire. She was admitted to the Coronation Hospital. On the basis of a written information, an FIR (FIR No.83 of 2019) was registered at police station Clement Town, District Dehradun.

The applicant was granted bail under Sections 307, 498A, 323, 504, 506 of the Indian Penal Code, 1860 (in short, “IPC”) and Section 3/4 of the Dowry Prohibition Act, 1961 by the Co-ordinate Bench of this High Court on 06.12.2019.

During the investigation, injured stated to the Investigating Officer that her Jeth (Brother-in-law-husband of the present applicant) had poured oil on her, but she did not know, who had thrown match stick on her. Injured died on 09.02.2020 during her treatment in Safdarjung Hospital, New Delhi. After her death, Section 304B IPC was added by way of supplementary charge-sheet. Bail Application (BA1 No.75 of 2022) was filed by the present applicant for grant of regular bail under Section 304B IPC. The said application was rejected on 29.06.2022 by the Co-ordinate Bench. Hence, the present Second Bail Application has been filed for regular bail under Section 304B IPC.

Heard Mr. Lalit Sharma, learned counsel with Ms. Anmol Sandhu, learned counsel for the applicant and Mr. S.T. Bhardwaj, learned Deputy Advocate General for the State.

Mr. Lalit Sharma, Advocate contended that applicant has been falsely implicated in the present matter. There is no specific allegation against the applicant that she had harassed the deceased for dowry. Co-accused Abid, husband of the present applicant, is the main accused, who was granted bail by this Court. Prosecution has examined seven witnesses and the applicant is in judicial custody since 17.12.2021.

On the other hand, Mr. S.T. Bhardwaj, Deputy Advocate General for the State, has opposed the bail application.

Having considered the submissions 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 Bail Application is allowed.

Let the applicant-Shamina Khatoon alias Sabina be released on bail on her executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.