Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7005 of 2019 Applicant :- Anuj Opposite Party :- State Of U.P.
Counsel for Applicant :- Narayan Singh(Kushwaha) Counsel for Opposite Party :- G.A.
Hon'ble Manoj Misra,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.50 of 2018, under Section 306 IPC, Police Station Phugana, District Muzaffar Nagar with a prayer to enlarge him on bail.
Initially, the first information report, which was lodged promptly by the father of the deceased, was registered for offence punishable under Sections 498-A, 304-B IPC and Section 3/4 of D.P. Act. The allegation in the first information report is that in the morning of 10.07.2018, at about 3 am, information was received by the informant that his daughter has been taken ill and she has been admitted in Meerut Navjeevan Hospital. It is alleged that when the informant reached there, he found that his daughter is badly burnt and dead. In the first information report, it is alleged that there had been persistent demand of motorcycle and money, which the informant, being a poor person, could not provide.
The contention of the learned counsel for the applicant is that during the course of investigation, the informant's statement under Section 164 Cr.P.C. was recorded and in his statement he did not level allegation as regards demand of dowry. It has been submitted that on the basis of the evidence collected the police had submitted a final report but the same was not submitted in court. Later, the matter was further investigated. During the course of investigation, evidence came that the deceased was mentally upset because she could not beget a child and therefore she committed suicide. The case was converted to one punishable under Section 306 IPC. It has been submitted that the facts and circumstances of the case suggest that it was a case of suicide and not a dowry death case and the applicant, who is innocent with no previous criminal history, is therefore entitled to bail.
Learned A.G.A. has opposed the prayer for bail and has submitted that the statement of the neighbours disclosing that the deceased committed suicide on account of not having a child does not appear to be correct because the deceased had been married to the applicant for just about one year and therefore not bearing a child within that short period cannot be reason for her to commit suicide. It has been submitted that it is a case where 98% burn injuries were received by the deceased and admittedly the deceased was in the house of the applicant and therefore the burden is on the applicant to explain the circumstances in which the deceased received burn injuries.
I have given thoughtful consideration to the rival submissions. Looking to the facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not consider it to be a fit case for grant of bail to the applicant. The bail application is rejected with a direction upon the trial court to ensure expeditious conclusion of the trial.
Let a copy of this order be sent to the trial court concerned for information.
Order Date :- 31.7.2019 AKShukla/-