Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41178 of 2018 Applicant :- Smt. Bhanmati Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Adya Prasad Tewari, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant- Smt. Bhanmati seeking her enlargement on bail in Case Crime No. 0171 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.-Gagaha, District-Gorakhpur during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant, namely, Goverdhan was solemnized with Chanmati in the year 2012 in accordance with Hindu Rites and Customs. However, after the expiry of a period of six years from the date of marriage of the son of the applicant, an unfortunate incident occurred on 29.05.2018, in which the daughter-in-law of the applicant received burn injuries. It is the case of the applicant that the victim was immediately taken to the District Hospital, Gorakhpur by her son and herself. However, the victim ultimately died on the next date, i.e. on 30.05.2018. The inquest of the body of the deceased was conducted on the information given by the ward boy. The Panch witnesses could not give any definite opinion regarding the nature of the death of the deceased. The post-mortem of the body of the deceased was conducted on 30.05.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was on account of asphyxia due to ante- mortem burn injuries. The Doctor further noticed that there was 100% superficial and deep burn injuries all over the body of the deceased except the head. The first information report in respect of the aforesaid incident was lodged on 02.06.2018 by the father of the deceased, which was registered as Case Crime No. Case Crime No.
171 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.-Gagaha, District-Gorakhpur.
In the aforesaid F.I.R., three persons, namely, Shankar, (the father- in-law), Mother-in-law of the deceased and one Rajendra were nominated as named accused. The Police, upon completion of the statutory investigation of the aforesaid case crime number, has submitted a charge-sheet dated 01.07.2018 against father-in-law and mother-in-law only. Upon submission of the charge-sheet, cognizance was taken by the court concerned vide cognizance taking order dated 16.08.2018. What happened subsequent to the order dated 16.08.2018, has not been detailed in the affidavit accompanying the bail application. However, subsequently the father-in-law of the deceased, who is the husband of the applicant, has been enlarged on bail by the court below vide order dated 30.08.2018.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased, who is aged about 58 years having no criminal antecendents to her credit except the present one. The applicant is in jail since 06.06.2018. Learned counsel for the applicant further submits that the father-in-law of the deceased, i.e., the husband of the applicant, who is also a charge-sheeted accused, has already been enlarged on bail by the court below vide order dated 30.08.2018. The case of the present applicant is similar and identical to that of her husband. On the aforesaid factual premise, it is urged that the present 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-Smt. Bhanmati 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 she 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under section 229-A I.P.C..
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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 her 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 :- 29.10.2018 YK