Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45840 of 2018 Applicant :- Bhagwan Das Rajak Opposite Party :- State Of U.P.
Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
Heard Sri N.L. Tripathi, learned counsel for the applicant and the learned A.G.A. for the State.
Perused the record.
The present bail application has been filed by the applicant- Bhagwan Das Rajak for seeking his enlargement on bail in Case Crime No. 64 of 2018, under Sections 498-A, 304-B I.P.C. and 3/4 of D.P. Act, Police Station- Saujana, District- Lalitpur during the pendency of trial.
It transpires from the record that the marriage of son of the applicant, namely, Kamal was solemnized with Kallo @ Kiran on 29.11.2014. After expiry of a period of three years and six months from the date of marriage of the son of applicant, an unfortunate incident occurred on 9.6.2018, in which, daughter- in-law of the applicant sustained injuries, as she attempted to commit suicide. It is the case of the applicant that immediately thereafter, the victim was rushed to the hospital in Tikamgarh from where, she was referred to another hospital and accordingly, admitted in Ayushman Hospital, Gwalior. The victim under-went treatment from 9.6.2018 to 14.6.2018 but ultimately succumbed to the injuries sustained by her on 14.6.2018 at Ayushman Hospital, Gwalior. However, no statement of the victim was recorded nor the victim gave any dying declaration. The inquest of the deceased was performed on 15.6.2018 on the information given by Vijay Singh ward-boy of the hospital. The post mortem of the body of the deceased was conducted on 15.6.2018. The doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased is cardiac respiratory failure as a result of anti-mortem hanging. Except a mark on the neck, no other external antemortem injury was found on the body of the deceased. The F.I.R. in respect of the aforesaid incident was lodged on 15.6.2018 by the father of the deceased, namely, Raju Rajak which was registered as Case Crime No. 0064 of 2018, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station- Saujana, District- Lalitpur. In the aforesaid F.I.R. three persons, namely, Kamal Rajak - husband, Bhagwan Das Rajak - father-in-law and Smt. Sarju - mother-in-law of the deceased were nominated as the named accused. The police upon conclusion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted a charge sheet dated 15.9.2018 against all the three named accused. Upon submission of the aforesaid charge sheet, cognizance has been taken by the court concerned vide cognizance taking order dated 4.10.2018. What has happened subsequent to the passing of the cognizance taking order dated 4.10.2018, has not been detailed in the affidavit accompanying the present bail application nor the same has been disclosed by the learned counsel for the applicant 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 but he is innocent. The applicant is in jail since 27.7.2018. The applicant has no criminal antecedents to his credit except the present one. It is next submitted that the deceased was a short tempered lady and she has taken the extreme step of committing suicide. The absence of external anti-mortem injury on the body of the deceased shows that no physical cruelty was committed by the present applicant upon the deceased. The husband is already languishing in jail. It is then contended that the applicant is living separately from the family of the deceased. To buttress his submission, he has referred to the certificate issued by the Gram Pradhan, photo copy of the which has been annexed at page no. 39 of the paper book. It is thus submitted that the applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail of the applicant but could not dispute the factual submissions raised by the learned counsel for the applicant.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Bhagwan Das Rajak be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant. However, the trial Court is directed to conclude the trial expeditiously.
Order Date :- 30.11.2018 Manoj