Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47580 of 2018 Applicant :- Amar Singhal Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar,Chetan Chatterjee Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Mr. Chetan Chaterjee, the learned counsel for the applicant, the learned A.G.A. for the State.
Perused the record.
This application has been filed by the applicant Amar Singhal seeking his enlargement on bail in Case Crime No. 231 of 2018 under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Shamli, District Shamli.
From the record, it appears that the marriage of the son of the applicant, namely, Amar Singhal was solemnized with Megha on 2nd March, 2014 in accordance with the Hindu Rites and Customs. From the aforesaid wedlock, two daughters are said to be born. The first daughter is said to be aged about 3 years as on date, whereas the second daughter was born in the month of March, 2018. However, after the expiry of a period of four years from the date of marriage of the son of the applicant, an unfortunate incident occurred on 26th March, 2018, in which, the daughter-in-law of the applicant sustained injuries. It is the case of the applicant that immediately after the said incident, the victim was taken to Bohra Speciality Hospital, Shamli, where she was given first aid and was referred to the another hospital. Accordingly, the victim was rushed to All India Institute of Medical Sciences, New Delhi, where she was admitted on 26 March, 2018 at 17.15 hours. Ultimately, the victim died at All India Institute of Medical Sciences, New Delhi on 26th March, 2018. The inquest of the body of the deceased was conducted on 26th March, 2018 at the aforesaid hospital. The post-mortem of the body of the deceased was conducted on 26th March, 2018 at All India Institute of Medical Sciences, New Delhi and the cause of the death of the deceased was said to be haemorrhage caused by blunt force impact. The Doctor, who conducted the autopsy on the body of the deceased further found four ante-mortem injuries on the body of the deceased, details of which are mentioned at page 54 of the paper book. A first information report in respect of the aforesaid incident was lodged on 26th March, 2018 by the brother of the deceased, which was registered as Case Crime No. 0231 of 2018 under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Shamli, District Shamli. In the aforesaid first information report, two persons, namely, Amar Singhal the husband and Pooja the Nanad of the deceased were nominated as the named accused, while two persons i.e. father-in-law (the applicant herein) and the mother-in-law of the deceased were nominated as unnamed accused. The Police, upon completion of the statutory investigation of the aforesaid case crime number, in terms of Chapter XII Cr.P.C., has submitted a charge-sheet against the mother-in-law and the Nanad of the deceased. However, the investigation in respect of other two accused, namely, the husband and father-in-law i.e. the applicant herein is still going on.
Learned counsel for the applicant submits that the applicant is the husband of the deceased but he is innocent. The applicant is in jail since 31.3.2018. The applicant has no criminal antecedents to his credit except the present one. It is then submitted that the applicant is himself paying income tax and for the welfare of his elder daughter, namely, Akshara, he has opened a bank account in which Rs. 97 thousand have been deposited. The deceased has died on account of having fallen from the third flour of the house. Immediately after the occurrence, the victim was got admitted in Bohra hospital on 26.3.2018 where she was administered first aid and, thereafter, the victim was taken to AIMS hospital New Delhi but ultimately she succumbed to her injuries at AIMS on 26.3.2018. Prior to the death of the deceased, she has given birth to a girl child on 16.3.2018. On the aforesaid factual premise, it is thus urged that the present applicant though he is the husband of the deceased is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the death of the deceased is highly unnatural. It is impossible to believe as to why the lady who had given birth to a child on 16.3.2018 will climb to the third flour of the house just after ten days. It is further urged that the plea with regard to the manner in which the deceased sustained injuries has not been consistent at the time of admission of the deceased at the hospital. The ground for bail urged before the court below and before this Court are different. This is inconsistently on the plea raised by the applicant regarding the manner of occurrence which creates doubt. It is thus submitted that the prayer for bail of the present applicant is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State and upon perusal of the material brought on the record and the complicity of the applicant but without making any comments on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application of the present applicants stands rejected.
Order Date :- 19.12.2018 Manoj