Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40754 of 2018 Applicant :- Ashish Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Brij Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Brij Raj Singh, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Ashish Kumar, seeking his enlargement on bail in Case Crime No. 49 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Eka, District Firozabad during the pendency of the trial.
From the record, it appears that the marriage of the applicant was solemnized with Neha on 18.2.2018. After the expiry of a period of little more than two months from the date of marriage of the applicant, an unfortunate incident occurred on 2.5.2018, in which the wife of the applicant died as she committed suicide by hanging herself. The F.I.R. in respect of the aforesaid incident was lodged on 3.5.2018 by the mother of the deceased namely Kushma Devi, which was registered as Case Crime No. 049 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Eka, District Firozabad were nominated as the accused. In the aforesaid F.I.R., four persons namely, Ashish Kumar (husbad), Smt. Nirmala Devi (mother-in-law), Arvind Kumar (father-in-law), Km. Jyoti (Nand) of the deceased were nominated as the named accused.
The inquest of the body of the deceased was conducted on 3.5.2018 on the information of the first informant. In the opinion of the panch witnesses, the death of the deceased was characterized as suicidal. Post mortem of the body of the deceased was conducted on 3.5.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was asphyxia as a result of anti mortem hanging. Apart from the ligature mark, one abrasion was found on the body of the deceased, which is said to be an old abrasion. Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C, the Police submitted a charge-sheet dated 20.6.2018 against two of the named accused namely, Ashish Kumar (husbad), Smt. Nirmala Devi (mother-in-law). The other two named accused have been excluded. What has happened subsequent to the submission of the charge sheet dated 20.6.2018 has not been detailed in the affidavit accompanying the bail application nor the same has been disclosed at the time of hearing of the present bail application, by the learned counsel for the applicant.
Learned counsel for the applicant submits that the applicant is the husband of the deceased but he is innocent. He is in jail since 14.5.2018. The applicant has no criminal antecedents to his credit except the present one. As per the charge sheet, the applicant is a young boy aged about 25 years. It is next submitted that the deceased was a short tempered lady and has taken the extreme step of committing suicide by hanging herself. The absence any external ante-mortem injury on the body of the deceased speak of the bonafide of the applicant. It is thus submitted that the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he submits that the deceased was a young lady aged about 22 years and she had died at her matrimonial home just after a period of a little more than two months from the date of her marriage. The death of the deceased is unnatural and within seven years from the date of the marriage. Therefore, the burden is upon the applicant to explain as to why the deceased had committed suicide, which burden remains undischarged up to this stage. In the F.I.R. specific allegations with regard to demand of dowry and commission of cruelty upon deceased for non fulfilment of the demand of dowry has been made. It is thus urged that no case for grant of bail is made out and the bail application of the applicant is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicants, the learned A.G.A. for the State and upon perusal of the material brought on the record and the complicity of the applicants 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.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of six months from the date of production of a certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, provided the applicant fully cooperates in conclusion of the trial, if there is no other legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 20.12.2018/Arshad