Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39720 of 2018 Applicant :- Basdev Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Kulshrestha Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sudhir Kumar Kulshrestha, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant-Basdev seeking his enlargement on bail in Case Crime No. 355 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.- Kotwali Nagar, District-Etah during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant, namely, Onkar was solemnized with Neelam on 02.07.2017 in accordance with Hindu Rites and Customs. However, before the expiry of a period of one year from the date of marriage of the son of the applicant, an unfortunate incident occurred on 29.03.2018, in which the daughter-in-law of the applicant died in mysterious circumstances. It is the case of the applicant that the information regarding the aforesaid incident was sent to the family members of the deceased. The inquest of the body of the deceased was performed on 30.03.2018 on the information given by the brother of the deceased and not by the applicant or any of his family members. The said inquest was conducted in the Mortuary House, Etah. The post-mortem of the body of the deceased was conducted on 30.03.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that no specific cause regarding the death of the deceased could be given and therefore, the viscera of the deceased was preserved. The Chief Chemical Analyst has submitted the viscera report dated 26.09.2018, which has been produced by the learned A.G.A. A perusal of the of the aforesaid report goes to show that a foreign element, namely, Organo-Chloro Insecticide which is poisonous was found in the body of the deceased. The first information report in respect of the aforesaid incident was lodged on 30.03.2018 by the father of the deceased, which was registered as Case Crime No. 0355 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.-Kotwali Nagar, District-Etah.
In the aforesaid F.I.R., four persons, namely, Basdev (the father-in- law), Onkar (the husband), Saloo (the Jeth) and Indal (the cousin father-in-law) of the deceased were nominated as named accused. In the aforesaid F.I.R., the allegations with regard to demand of dowry and commission of cruelty upon the deceased for demand of dowry were also levelled. 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 dated 19.04.2018 only against two of the named accused. The Devar and the cousin father- in-law of the deceased were excluded. What happened subsequent to the submission of the charge-sheet dated 19.04.2018 has not been detailed in the affidavit accompanying the bail application nor the learned counsel the applicant could detail the same at the time of hearing of the present bail application.
Learned counsel for the applicant submits that the applicant is the father-in-law of the deceased. The applicant is an old man. He is in Jail since 13.04.2018. The applicant has no criminal antecedents to his credit except the present one. The deceased was a short tempered lady and she has taken the extreme step of committing suicide by consuming insecticide, namely, Organo-Chloro Insecticide. No external injury was found on the body of the deceased. There is no such material on record upto this stage, on the basis of which, it can be presumed that the applicant has even abetted in the commission of the crime. On the cumulative strength of the aforesaid submissions, it is urged that the applicant is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. However, the learned A.G.A. could not dispute the factual and legal submissions made by the learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon consideration of the evidence on record as well as the complicity of the applicant but without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail. Accordingly, the bail application of the applicant is allowed.
Let the applicant-Basdev be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A I.P.C..
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(iv) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
(v) The trial court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
However, it is made clear that any wilful violation of above conditions by the applicant, shall have serious repercussion on his bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 31.10.2018 YK