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2022 DIGILAW 1264 (JHR)

Varsha Agarwal @ Varsha Chudiwala @ Barsha Agarwal v. State of Jharkhand

2022-10-20

PRADEEP KUMAR SRIVASTAVA

body2022
ORDER : 1. Heard learned counsel for the parties. 2. Apprehending their arrest in connection with Bistupur P.S. Case No. 93 of 2022 instituted under Sections 306, 384, 120-B, 34 of the Indian Penal Code, the petitioners have moved this Court for grant of privilege of anticipatory bail. 3. FIR was lodged by one Ankit Agarwal resident of Rukmini Kunj Civil, Township, Dist-Sundargarh, Rourkela, Odisha on 05.05.2022 at Bistupur P.S., Jamshedpur stating inter alia that today at about 2:21 pm, the informant received a video clip sent by his brother Rahul Agarwal stating that he is going to commit suicide due to continuous mental torture and public defamation caused by his wife and in-laws namely Pradeep Churiwala, Barsha Agarwal(petitioner), Megha Churiwala and Piush Churiwala and concerned Investigating Officer of Sonari P.S. Case No.28 of 2022. Thereafter, the informant along with his family members came to Jahshepur and learnt that his brother has committed suicide from roof top of capital DD Bar opposite Ram Mandir, Bistupur at about 2:45 to 3:00 hours. It is further alleged that earlier on 16.02.2022, a false FIR was lodged before the Sonari P.S. vide Sonari P.S. Case No.28 of 2022 by the wife of deceased on instigation of her father, mother and brother and other family members for the offences under Sections 498-A, 323, 504 of IPC and Sections 3/4 of D.P. Act. It is further alleged that the deceased, before committing suicide, recorded a message in his mobile phone and sent to his family members and well-wishers, which is produced in the custody of Bistupur P.S. also. It is further alleged that the deceased preferred an application for getting anticipatory bail in Sonari P.S. Case No.28 of 2022 which was rejected by the court of Sessions. Thereafter, accused persons managed to issue of Non-bailable Warrant and processes under Sections 82 of Cr.P.C. within one week against the informant’s brother (since deceased) and the deceased was not permitted to visit with his children and huge amount of money Rs. 5 crore was demanded for compromise in that case. It is further alleged that immense mental and emotional torture was continuously meted out to the deceased due to which he came under deep depression and had no option left except to commit suicide which clearly shows acts of abetment to commit suicide. The deceased has left suicide note and video clipping of the occurrence. 4. It is further alleged that immense mental and emotional torture was continuously meted out to the deceased due to which he came under deep depression and had no option left except to commit suicide which clearly shows acts of abetment to commit suicide. The deceased has left suicide note and video clipping of the occurrence. 4. Learned senior counsel for the petitioners has submitted that the petitioners are innocent and have committed no offence at all as alleged in FIR. It is further submitted that the contents of the FIR even if taken on its face value, does not disclose commission of offence under Section 306 of IPC against the petitioners and demand of Rs.5 crores as extortion for compounding the case lodged under Section 498-A of IPC by petitioners against the deceased is also a concocted story. It is further submitted that Sonari P.S. Case No.28 of 2022 was lodged in the year 2022 for the offence under Section 498-A, 323, 504 of IPC and Section 3/4 of D.P. Act, in that case, anticipatory bail application of the deceased was rejected on 12.04.2022. Thereafter process under Section 82 of Cr.P.C. was also issued, although, other family members of the deceased involved in this case were extended benefit of anticipatory bail. Anticipatory bail of petitioner was pending before the Hon’ble High Court. It is further alleged that FIR clearly demonstrates that the deceased was tortured mentally and emotionally due to filing of that case under Section 498-A of IPC by his wife and action taken by the Investigating Officer. Thus, to agitate and pursuing legitimate action through judicial process does not amount abetment within meaning of Section 107 of IPC. Petitioners are wife, mother-in-law, and sister-in-law of the deceased. Petitioner no.1 was married to the deceased in the year 2012 but her husband and in-laws were not satisfied with articles presented at the time of marriage and she was being tortured and tormented just after one year of her marriage. Even her necessities were supplied by her father. In spite of cruelty and torture, she gave birth to twin children in the year 2016 but she was not supported by her in-laws and cousin in-laws who were jointly living. Even her necessities were supplied by her father. In spite of cruelty and torture, she gave birth to twin children in the year 2016 but she was not supported by her in-laws and cousin in-laws who were jointly living. Ultimately she was brought to Jamshedpur at her parental home on 18.06.2020 and an agreement was also entered into by her deceased husband on 17.07.2020 but again demand of Rs.2 crores was raised by her husband and in-laws, hence, she was compelled to lodge this case for cruelty and torture meted out to her. It is further submitted that from the cowardice act committed by her deceased husband, petitioner no.1 Varsha Agarwal and her tender age children are also sufferers and are victims. Petitioner no.1 was never expecting or desiring such consequences. It is further submitted that the deceased was putting pressure on his wife to compromise on his own terms even extending threats of suicide. There was a clause in the agreement dated 17.07.2020 (Annexure-II) that “if Rahul Kumar commits suicide there will be no liability of his wife and her family members”. It is further submitted that the deceased has sent several messages (Whats app page no.82) hurling threats to the petitioners that “it is now time to take revenge”, “ …… I will take revenge from u in next 10 days. My form of revenge is not about hurting u or any one. It’s also not about sending u all to jail term …..” which also finds mention in the alleged “suicide note” of the deceased. Present case is outcome of vengeance. Petitioners have appeared before the Investigating Officer and co-operating with the investigation of the case and they have home and hearth in the town of Jamshedpur, whereas the deceased came from Odisha and committed suicide. Petitioners have no criminal antecedents. Petitioners undertake to co-operate with the investigation of the case and abide all terms and conditions which may be imposed. Hence, petitioners may be extended the privilege of anticipatory bail. 5. Learned Addl.P.P appearing for the State assisted with Mr. Rajendra Krishna, learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners and submits that petitioners had filed a Cr.M.P. No.1633 of 2022 before the Hon’ble Court for quashing the FIR and entire proceedings of this case but the same has been dismissed as withdrawn vide order dated 14.06.2022. Rajendra Krishna, learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners and submits that petitioners had filed a Cr.M.P. No.1633 of 2022 before the Hon’ble Court for quashing the FIR and entire proceedings of this case but the same has been dismissed as withdrawn vide order dated 14.06.2022. It is further submitted that petitioner no.1 has also filed a false case for the offences under Sections 498-A, 503, 323 of IPC and Sections 3/4 of D.P. Act against the deceased and his entire family members vide Sonari P.S. Case No.28 of 2022 and except the deceased all other co-accused have been granted anticipatory bail. It is further submitted that there was a demand of Rs.5 crores from the deceased and his family members as consideration money for settlement in that case, which was refused. Thereafter, non-bailable warrant and process under Section 82 of Cr. P.C were issued in quick succession in connivance with the Investigating Officer of the case, against the deceased just after rejection of anticipatory bail by Additional Sessions Judge. The deceased could not pursue his anticipatory bail before the Hon’ble High Court under deep agony and distress due to fear of aforesaid process against him. On 17.07.2020 an agreement was executed between parties putting the deceased under pressure because, he was not allowed to meet his children. It is further submitted that suicidal note comprising of 7 pages and video clippings contained in the mobile phone of the deceased clearly speaks about the acts of instigation on part of accused persons. The petitioners, just after the marriage of deceased have inflicted mental and emotional harassment to such an extent to force him to end up his life. The Investigating Officer of the case, in spite of obtaining warrant of arrest against the petitioners on 15.06.2022, subsequently, issued notice under Section 41(A) of Cr.P.C. and got recorded statement of accused persons on 11.08.2022 and set at large without arrest. In view of aforesaid facts and circumstances, petitioners may not be extended privilege of anticipatory bail. 6. The Investigating Officer of the case, in spite of obtaining warrant of arrest against the petitioners on 15.06.2022, subsequently, issued notice under Section 41(A) of Cr.P.C. and got recorded statement of accused persons on 11.08.2022 and set at large without arrest. In view of aforesaid facts and circumstances, petitioners may not be extended privilege of anticipatory bail. 6. Considering the facts and circumstances of this case, as pointed out by learned counsels of respective parties, the suicide note of the deceased and other documents submitted in course of hearing, it is crystal clear that root cause for commission of suicide by deceased is rejection of his anticipatory bail as well as issuance of process under Section 82 of Cr.P.C and other attending circumstances arising out of domestic dispute. In course of investigation of this case, it is observed in supervision note that some concrete evidence is still required for accusation of the accused (petitioners) for the offence under Sections 306 of IPC. Petitioners have also appeared before the Investigating Officer and are co-operating with the investigation of the case in compliance with the notice under Section 41(A) of Cr.P.C. and the investigation is at initial stage and certain materials are also to be collected in further investigation for that reason alone liberty of the petitioners should not be curtailed. The court is conscious about striking balance in the personal liberty of the petitioners and social sentiments attached in favour of informant. 7. In view of aforesaid discussions and reasons, coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. 8. The court is conscious about striking balance in the personal liberty of the petitioners and social sentiments attached in favour of informant. 7. In view of aforesaid discussions and reasons, coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioners. 8. Accordingly, the petitioners are directed to surrender in the Court within four weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Jamshedpur in connection with Bistupur P.S. Case No. 93 of 2022 with the condition that they will co-operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change their mobile number during the pendency of the case, petitioner shall not indulge in tampering or influencing or intimidating prosecution witnesses/evidence and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.