Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37988 of 2018 Applicant :- Deshraj Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Jeet Singh,Ran Jeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Chandra Jeet Singh learned counsel for the applicant and the learned AGA for the State.
This application for bail has been filed by the applicant-Deshraj seeking his enlargement on bail in Sessions Trial No. 158 of 2018 (State Vs. Deshraj and others) arising out of Case Crime No. 79 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.-Tahroli, District-Jhansi, during the pendency of the above mentioned trial, which is now said to be pending in the Court of F.T.C. Court No.1, Jhansi.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Yashwant, was solemnized with Kanti on 16.04.2016 in accordance with the Hindu Rites and Customs. However, after the expiry of a period of little more than two years and one month from the date of marriage of the son of the applicant, an unfortunate incident occurred on 06.06.2018, in which the daughter-in-law of the applicant, namely, Kanti died. The inquest of the deceased was conducted on 06.06.2018 not on the information given by the applicant or any of his family members but on the information given by one Chhatrapal, i,e,, Village Chaukidar. In the opinion of the Panch witnesses, the cause of death of the deceased was characterised as suicidal. The post-mortem of the body of the deceased was conducted on the next day, i.e., on 07.06.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death of the deceased was shock and haemorrhage as a result of ante- mortem injuries. The following ante-mortem injuries were also found by the Doctor on the body of the deceased:
"i. Ligature mark size 23cm x 1 cm. upper part of neck.
ii. Left side ligature mark goes to upward back ward up to occipital region.
iii. Right side ligature mark goes to upward back ward up to mostoid process.
iv. Ligature mark hard and parchanant like.
v. Dribling of saliva (Lt.) Lateral Angle of Mouth."
The first information report in respect of the aforesaid incident was lodged on 07.06.2018 by the father of the deceased, namely, Matadeen, which was registered as Case Crime No. Case Crime No. 0079 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.-Tahroli, District-Jhansi.
In the aforesaid F.I.R., five persons, namely, Yashwant-husband, Deshraj- father-in-law, i.e., the present applicant, Smt. Nanni-mother-in-law, Ramakant-Devar of the deceased whereas Ramdeen-Nana of the husband of the deceased were nominated as the named accused. 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 05.07.2018 only against four of the named accused whereas one of the named accused, namely, Nanad of the deceased has been excluded. Upon submission of the charge-sheet dated 05.07.2018, cognizance has been taken by the court concerned vide cognizance taking order dated 16.07.2018 and thereafter, the case was committed to the Court of Sessions. Accordingly, Sessions Trial No. 158 of 2018 (State Vs. Deshraj and others) came to be registered, which is now said to be pending in the Court of Additional Sessions Judge/F.T.C.-1st, Jhansi. According to the learned counsel for the applicant, no prosecution witness has been examined till date.
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 02.07.2018. The applicant has no criminal antecedents to his credit except the present one. The applicant is an old man aged about 65 years, which fact has categorically been pleaded in paragraph 15 of the affidavit. Paragraph 15 of the affidavit has not been disputed by the learned A.G.A. It is then submitted that the present applicant is residing separately from the family of the deceased at village-Gata, Tehsil-Tahroli. In proof of the aforesaid submissions, reliance is placed upon a Domicile Certificate issued by the Sub-Divisional Magistrate,Tahroli, District Jhansi, copy of which is on the record at page 49 of the paper-book. It is thus urged that since the applicant is residing separately from the family of the deceased, therefore, the applicant has no concern with the family life of the deceased. On the aforesaid factual premise, it is thus urged that the present applicant, though he is 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 not only a named accused but also a charge-sheeted accused. 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 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-Deshraj 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 :- 20.12.2018 YK