Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40737 of 2018 Applicant :- Dharmawati Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeraj Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Neeraj Kumar Sharma, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Dharmawati, seeking her enlargement on bail in Case Crime No. 94 of 2015 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Aurangabad, District Bulandshahar during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant namely Brajpal was solemnized with Rekha on 17.6.2014 in accordance with Hindu Rites and Customs. After the expiry of a period of one year and two months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 4.4.2015, in which the daughter-in-law of the applicant died in mysterious circumstances. The inquest of the body of the deceased was conducted on 4.4.2015 not on the information given by the applicant or any of her family members but by the father of the deceased. The Panch witnesses could not give any specific opinion regarding the nature of the death of the deceased. The F.I.R. in respect of the aforesaid incident was lodged on 7.4.2015 by the father of the deceased, which was registered as Case Crime No. 39 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Aurangabad, District Bulandshahar. In the aforesaid F.I.R., three persons namely, Brajpal (husband), Rambhool (father-in-law) and Dharmvati (mother-in-law) of the deceased were nominated as the accused persons. Post mortem of the body of the deceased was conducted on 5.4.2015. The Doctor, who conducted the autopsy on the body of the deceased found three injuries on the body of the deceased, details of which are on the record at page 48 of the paper book. However, in the first post mortem, the cause of death of the deceased could not be ascertained. The second post mortem of the deceased was conducted on 6.4.2015 and again the cause of the death could not be ascertained and therefore, the viscera of the deceased was preserved. The Chief Medical Analyst submitted the viscera report on 26.7.2016, copy of which is on the record at page 89 of the paper book. From the perusal of the viscera report, it is apparent that a foreign element namely, Aluminium Phosphide was found in the body of the deceased. Upon competition of the statutory investigation of the aforesaid case crime number, the Police submitted a charge-sheet dated 4.7.2018 against all the three named accused persons. Learned counsel for the applicant submits that subsequent to the submission of the charge sheet, cognizance has been taken upon the same vide cognizance taking order dated 4.7.2018. What has happened subsequent thereto has not been detailed in the affidavit accompanying the bail application.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased. The applicant is an old lady aged about 61 years and is in jail since 16.8.2018. The applicant has no criminal antecedent to her credit except the present one. The deceased was a short tempered lady and she has taken the extreme step of committing suicide by consuming Aluminium Phosphide. There is no dying declaration of the deceased or any statement recorded under Section 161 Cr.P.C. On the aforesaid factual premise, it is urged that the applicant is innocent and therefore, is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail. He submits that incident in question has taken prior to the expiry of period of one year from the date of marriage. The offence alleged against the applicant is under Section 304 B IPC and therefore, the presumption arising out of the same is available to the prosecution. The applicant has failed to discharge the burden required to be discharged in respect of an offence under Section 304B IPC up to this stage. He has further invited the attention of the Court to the post mortem report. The post mortem report clearly records that as many as three injuries were found on the body of the deceased i,.e. two contusions and one abrasion. How these external injuries came on the body of the deceased, could not be explained. It is further submitted that the applicant absconded from the proceedings. Consequently, non bailable warrant was issued against the applicant followed by the process under Sections 82 Cr.P.C. It was thereafter that the applicant surrendered before the Court below on 16.8.2018. On the aforesaid premise, it is urged that irrespective of the fact that the applicant is a lady, no case for bail is made out and the same is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State and upon perusal of the evidence brought on record as well as the complicity of the applicant, I do not find any good reason to grant indulgence to the present applicant. Accordingly, the bail application of the applicant stands rejected.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of six months from the date of production of a certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, provided the applicant fully cooperates in conclusion of the trial, if there is no other legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 26.10.2018 Arshad