Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35780 of 2018 Applicant :- Bhagwandeen Chamar Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Amit Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Bhagwandeen Chamar, seeking his enlargement on bail in Case Crime No. 50 of 2018 under Sections 308, 326A, 498A IPC and 3/4 D.P. Act, P.S. Bahilpurwa, District Chitrakoot during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant namely Ram Kumar was solemnized with Besaniya in the year 2013. From the aforesaid wedlock, a son Ramhit and a daughter Chama were born. The grand son of the applicant is said to be aged about three years, whereas the grand daughter of the applicant is aged about 10 months. On 3.6.2018, an unfortunate incident occurred, in which the daughter-in-law of the applicant died on account of self immolation by pouring kerosine upon her. The said incident occurred in the late hours of 3.6.2018. It is the case of the applicant that the victim was admitted to hospital i.e. District Combined Hospital Chitrakoot in the early hours of 4.6.2018. The victim was discharged on 25.6.2018. After more than 2 months from the date of occurrence, the victim herself lodged an F.I.R. dated 14.8.2018, which was registered as Case Crime No. 0050 of 2018, under Sections 498A, 326A, and Section 3/4 D.P. Act, P.S. Bahilpurwa, District Chitrakoot. In the aforesaid F.I.R., three persons namely Bhagwandeen Chamar (father-in-law), Anandi Prasad Chamar (Jeth), Rajkumar (husband) were nominated as the accused persons. Subsequent to the lodging of the aforesaid F.I.R., the victim was medically examined on 14.8.2018. The medical report is on the record as Annexure-5 to the affidavit. The Doctor who examined the victim, found serious and grievous injuries on the body of the victim. The statement of the victim was recorded by the Investigating Officer under Section 161 Cr.P.C on 14.8.2018 and the victim has clearly implicated the husband and father-in-law with regard to criminality committed upon her. The investigation is still continuing.
Learned counsel for the applicant submits that the applicant is an old man aged about 68 years. The applicant does not have any criminal antecedent to his credit except the present one. The applicant is in jail since 18.8.2018. It is also submitted that no offence under Section 308, 326A IPC is made out against the applicant as per the allegations made in the F.I.R. According to the learned counsel for the applicant, the entire allegations have been made against the husband i.e. the son of the applicant. The delay in filing the F.I.R. has not been properly explained and consequently, on the strength of the aforesaid submissions, it is urged that the applicant is liable to be enlarged on bail. Lastly it is submitted that the applicant is residing separately and in support of the said submission, reliance is placed upon the certificate issued by the Gram Pradhan. There is no such public document on the basis of which it can be presumed that the applicant is residing separately.
Per contra, the learned A.G.A. has opposed the prayer for bail. He has invited the attention of the Court to the submission of the victim which is on the record at page 17 of the paper book. A perusal of the said statement clearly goes to show that the present applicant has abeted in the commission of the crime. On the strength of the aforesaid, it is urged that the occurrence has taken place in the house of the applicant and therefore, the burden is upon the applicant himself to explain the said occurrence. The statement of the victim clearly implicates the present applicant also. It is 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 applicant, the learned A.G.A. for the State and upon perusal of the evidence brought on record as well as the complicity of the applicant, but without making any comments on the merits of the case, I do not find any good reason to grant indulgence to the present applicant. Accordingly, the bail application of the applicant 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 :- 31.10.2018/Arshad