Heard Mr. Shailendra Kumar Rai, learned counsel for the applicants and learned Additional Government Advocate representing the State and perused the material on record.
By means of this application, applicants-Daroga Chaudhary and Panna Devi @ Chanwa Devi, who are involved in S.T. No. 508 of 2020, arising out of Case Crime No.47 of 2020, under sections 498-A, 304B, 201, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Narhi, District Ballia, seek enlargement on bail during the pendency of trial.
As per prosecution case in brief, on 24.03.2020 informant (father of the deceased) lodged first information report against five accused persons namely Daroga Chaudhary (applicant no.1), Panna Devi @ Chanwa Devi (applicant no.2), Punita, Rajan Chaudhary and Tunan Prasad alleging inter alia that marriage of his daughter Rameeta Devi was solemnized on 11.05.2014 with the son of applicants. From the wedlock of deceased and her husband one male child was born, who is aged about five years. The F.I.R. further alleges that the accused persons were not satisfied with the dowry given by him at the time of marriage of his daughter and there was consistent demand of additional dowry by them. On 23.03.2020 at about 12 O' clock when he went to meet her daughter in her matrimonial home, he could not find her there, therefore, he inquired about his daughter from the neighbours and came to know that she was done to death by the accused persons and her dead body was thrown out in the river.
It is argued by learned counsel for the applicants that applicants are father-in-law and mother-in-law of the deceased and have been falsely implicated in the present case. There is no eye witness of the incident. Applicants neither demanded any dowry nor harassed the victim. It is further submitted that deceased Rameeta Devi was ill and she was taken to the hospital but on the way she died, therefore, her dead body was brought to her matrimonial home and thereafter cremation of her dead body was done. Much emphasis has been given that in this case five prosecution witnesses namely, informant Chhattu Chaudhary, Jagdamba Devi (mother of deceased), Manish Kumar (brother of deceased), Vikash Kumar (brother of deceased) and Km. Rekha (sister of deceased) were examined as PWs 1, 2, 3, 4 and 5, but they have not supported the prosecution case and have been declared hostile. It is also submitted that the applicants have no criminal antecedents to their credit and are languishing in jail since 22.05.2020. It is next contended that considering the detention period of the applicants they should be released on bail. Learned counsel for the applicants lastly submitted that if the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the prayer of bail by contending that informant who is father of deceased in his examination-in-chief supported the prosecution case, but it appears that he was won over by the accused persons, therefore, in cross-examination he has not supported the prosecution case. It is next submitted that offence is heinous in nature, bail application of the applicants is not liable to be allowed.
Having heard the argument of learned counsel for the parties, I find that five prosecution witnesses have already been examined before the trial Court and the trial is proceeding, therefore, taking into considering the nature of offence as well as stage of trial, which is at the advance stage, I do not find any good ground to enlarge the applicants on bail.
Accordingly, the bail application is rejected.
However, considering the facts and circumstances of the case, the trial court is directed to make an endeavour to conclude the trial, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
It is directed that in case, certified copy of this order is not issued due to COVID-19 pandemic, the copy of the order downloaded from the official website of the Allahabad High Court shall be acted upon.
Order Date :- 24.8.2021 Rahul.