Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4083 of 2019 Applicant :- Dalel Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Pankaj Kumar Sharma, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant-Dalel Singh, i.e., the father-in-law of the deceased, for seeking his enlargement on bail in Case Crime No. 494 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.- Soron, District-Kasganj, during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Subhash was solemnized with Menka Devi on 12.05.2015 in accordance with the Hindu Rites and Customs. From the aforesaid wedlock, a son, namely, Rishabh was born, who is said to be about one and a half years of age. However, after the expiry of a period of little more than three years and three months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 30.08.2018, in which daughter-in-law of the applicant died as she committed suicide by drowning herself. The inquest of the deceased was conducted on the next day, i.e. 31.08.2018 on the information given by the grand-father of the deceased namely Maharaj Singh. In the opinion of the Panch witnesses, the death of the deceased was characterized as suicidal. The first information report in respect of the aforesaid incident was lodged on on the same day, i.e., 31.08.2018 by the grand-father of the deceased, which was registered as Case Crime No. 0494 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.- Soron, District-Kasganj.
In the aforesaid F.I.R., two persons, namely, Subhash-Husband and Dalel Singh-father-in-law of deceased were nominated as named accused. The post-mortem of the body of the deceased was conducted on the next day, i.e. on 01.09.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death of the deceased was asphyxia as a result of drowning. No other external ante-mortem injury was found on the body of the deceased. 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 14.12.2018 against both the named accused. What has happened subsequent to the submission of the charge-sheet dated 14.12.2018 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 31.10.2018. The applicant has no criminal antecedents to his credit except the present one. It is then submitted that the deceased was a short tempered lady and has taken the extreme step of committing suicide by drowning herself. Absence of any external ante-mortem injury on the body of the deceased clearly denotes the bonafide of the present applicent. There is no statement of the deceased under Section 161 Cr.P.C. nor there is any dying declaration of the deceased. The Police concerned has not recovered any suicide note either. The applicant cannot be said to be the beneficiary of demand of dowry as alleged in the F.I.R.. It is urged that general and omnibus allegations have been made in the F.I.R. The husband of the deceased is already languishing in jail. On the aforesaid factual premise, it is urged that the applicant being the father-in-law of the deceased is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is a charge-sheeted accused and therefore, the bail application of the applicant is liable to be rejected. However, the learned A.G.A. could not dispute the factual and legal submission 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-Dalel Singh 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 :- 30.1.2019 YK