Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39747 of 2018 Applicant :- Chukhre Alias Chukhra Ahirwar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jaysingh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Jaisingh Yadav, learned counsel for the applicants and learned A.G.A. for the State.
Supplementary affidavit filed by the learned counsel for the applicants in Court today is taken on record.
This application for bail has been filed by the applicants, namely, Chukhre Alias Chukhra Ahirwar and Smt. Gulabbai @ Bhawniwari @ Bhaundiwari, seeking their enlargement on bail in Case Crime No. 38 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.- Saujana, District-Lalitpur during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicants, namely, Balram @ Har Govind was solemnized with Rajni @ Rashmi Lata on 03.05.2018 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of two days from the date of the marriage of the son of the applicant, an unfortunate incident occurred on 06.05.2018, in which the daughter-in-law of the applicants died as she committed suicide by hanging herself. The inquest of the body of the deceased was conducted on 06.05.2018 on the information given by the son of the applicant, i.e., the husband of the deceased. In the opinion of the Panch witnesses, the death of the deceased was suicidal. The post-mortem of the body of the deceased was conducted on 06.05.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the death of the deceased was attributable to Hypoxia on account of Asphyxia due to ante-mortem hanging. The first information report in respect of the aforesaid incident was lodged on 06.05.2018 by the mother of the deceased, which was registered as Case Crime No. 38 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.-Saujana, District-Lalitpur In the aforesaid F.I.R., four persons, namely, Balram @ Hargovind (the husband), Chukhre Alias Chukhra Ahirwar (the father-in-law), Smt. Gulabbai @ Bhawniwari @ Bhaundiwari (the mother-in-law), Tez Ram (the Devar) of the deceased were nominated as named accused. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. submitted a charge-sheet dated 21.07.2018 only against three of the named accused. The Devar, Tez Ram has been excluded. What has happened subsequent to the submission of the aforesaid charge-sheet has not been detailed in the affidavit accompanying the bail application or the supplementary affidavit filed today even when a period of three months have rolled by from the date of submission of the charge sheet.
Learned counsel for the applicant submits that the applicants are the father-in-law and mother-in-law of the deceased. The applicant no.1, i.e., the father-in-law, is aged about 48 years whereas the applicant no.2, i.e. the mother-in-law, is aged about 44 years. The applicants have no criminal antecedents to their credit except the present one. The applicants are in jail since 09.07.2018. The incident in question has occurred on 06.05.2018 within three days of marriage of the son of the applicants. He thus submits that there could hardly be any occasion for the applicants to commit criminality upon the deceased for demand of dowry. It is thus urged that the allegations made in the F.I.R. regarding the alleged demand of dowry by the applicants have been made only to give colour to the F.I.R. as no allegation regarding cruelty being committed upon the deceased by the applicants have been made in the F.I.R. The deceased was a short tempered lady and has taken the extreme step of committing suicide by hanging herself. No external or internal injury was found on the body of the deceased except the ligature mark. Upto this stage, there is no evidence on record to suggest that the applicants have even abetted in the commission of the crime. It is thus urged that the present applicants are liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. According to the learned A.G.A., the deceased has committed suicide within three days of her marriage. The marriage was solemnized on 03.05.2018. The deceased has committed suicide on 06.05.2018. The occurrence has taken place in the house of the applicants and therefore, the presumption arising out of an offence under Section 304B I.P.C is available to the proseution.
The applicants have failed to discharge their burden in respect of an offence under Section 304B I.P.C. On the cumulative strength of the aforesaid, learned A.G.A. submits that no case for bail is made out. The bail applications of the applicants are liable to be rejected. .
Having heard the learned counsel for the applicants, 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, but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the application is hereby rejected.
However, at this stage, it is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within one year provided the applicants would render all necessary co-operation in early conclusion of the trial.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 31.10.2018 YK