Shiv Lal Arya vs State Of Uttarakhand

Alok Kumar Verma, J

Apprehending his arrest, the applicant – accused Shiv Lal Arya, aged about 60 years, had moved an application for anticipatory bail before the Sessions Judge, Rudraprayag in connection with the First Information Report No.32 of 2021, registered with Police Station Agustmuni, District Rudraprayag for the offence under Section 304B of IPC. The learned Sessions Judge, Rudraprayag vide order dated 10.11.2021 rejected the said application for anticipatory bail. Present application has been filed under Section 438 of the Code of Criminal Procedure, 1973 seeking anticipatory bail in the event of his arrest.

Heard Mr. K.K. Harbola, learned counsel for the applicant and Mr. Atul Kumar Sah, learned Deputy Advocate General assisted by Mrs. Mamta Joshi, learned Brief Holder for the State.

The learned counsel for the applicant-accused submitted that according to the prosecution’s case, the deceased was married with co-accused Subhash Chandra, the son of the present applicant. She was subjected to the cruelty for demand of dowry. The marriage of deceased was solemnized on 24.05.2020 and she died on 05.11.2021. The First Information Report was lodged by the father of the deceased. The present applicant is the father-in-law of the deceased.

The learned counsel for the applicant-accused further submitted that the First Information Report was lodged against the present applicant, husband of the deceased and mother-in-law of the deceased, whereas, the husband of the deceased has already been acquitted in Sessions Trial No.1 of 2022.

The learned counsel for the State opposed the anticipatory bail application, however, he fairly conceded that the First Information Report was lodged against the husband of the deceased, father-in-law (present applicant) & mother-in-law of the deceased and the husband of deceased has already been acquitted of the charge of Sections 304B & 498A of IPC.

Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, this court directs that in the event of arrest, the applicant–accused Shiv Lal Arya shall be released on bail on furnishing a personal bond of Rs.30,000/- with two reliable sureties of the same amount, to the satisfaction of the Investigating Officer/ Arresting Officer on the following conditions:-

i) The applicant shall make himself available for interrogation by the Investigating Officer as and when requires;

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

Accordingly, the present Anticipatory Bail Application (No.6 of 2021) is allowed.