Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43343 of 2018 Applicant :- Girraj Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Singh Counsel for Opposite Party :- G.A.,Ajay Kr. Srivastava
Hon'ble Rajeev Misra,J.
Heard Mr. Navin Kumar Pandey, who has put in appearance on behalf of the applicant by filing his Parcha today in Court, which is taken on record, learned A.G.A. for the State and Mr. A. K. Srivastava, learned counsel for the complainant.
Learned counsel for the applicant has filed a supplementary affidavit today in Court, which is also taken on record.
This application for bail has been filed by the applicant-Girraj Singh seeking his enlargement on bail in Case Crime No. 272 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.- Kampil, District-Farrukhabad (Fatehgrarh), during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Vijay @ Lallu was solemnized with Pooja on 16.07.2017 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of one year and ten days from the date of marriage of the son of the applicant, an unfortunate incident occurred on 25.07.2018, in which the daughter-in-law of the applicant consumed some poisonous substance. Ultimately, the daughter-in-law of the applicant died. The inquest of the deceased was conducted on 26.07.2018 not on the information given by the applicant or any of his family members but on the information given Bhanu Pratap Singh, i.e., the father of the deceased. In the opinion of the Panch witnesses, no definite opinion could be given regarding nature of death of the deceased. The post-mortem of the body of the deceased was conducted on 26.07.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death of the deceased cannot be ascertained. Accordingly, the viscera of the deceased was preserved. However, two external ante-mortem injuries were found on the body of the deceased, which are detailed as abrasion and contusion. The first information report in respect of the aforesaid incident was lodged on the same day, i.e., on 26.07.2018 by the father of the deceased, namely, Bhanu Pratap Singh, which was registered as Case Crime No. 0272 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.- Kampil, District-Farrukhabad.
In the aforesaid F.I.R., four persons, namely, Vijay @ Lallu-husband, Smt. Rani-Jethani, Chhote Singh, Jeth, and Girraj Singh-father-in-law of 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. has submitted a charge-sheet dated 20.10.2018 against all the named accused. Upon submission of the charge-sheet, cognizance has been taken by the court concerned vide cognizance taking order dated 23.10.2018. What has happened subsequent to the passing of the Cognizance Taking Order dated 23.10.2018 has not been detailed in the affidavit accompanying the present bail application nor the supplementary affidavit filed today nor the same has been disclosed by the learned counsel for the applicant at the time of the 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 28.07.2018. The applicant has no criminal antecedents to his credit except the present one. It is next contended that the deceased was a short tempered lady and has taken the extreme step of committing suicide by consuming organo phosphors insecticide as is evident from the viscera report dated 27.11.2018. The absence of any external ante-mortem injury on the body of the deceased speaks of the bonafide of the present applicant. Simply, general and omnibus allegations have been made in the F.I.R. regarding demand of dowry and the commission of cruelty upon the deceased. The applicant cannot be said to be the beneficiary of the alleged demand of dowry. There is no statement of the deceased under Section 161 Cr.P.C. nor there is a dying declaration nor a suicide note has been recovered. The husband of the deceased, who is the son of the applicant, is already languishing in jail. It is thus urged that the present applicant being the father -in-law is liable to be enlarged on bail.
Per contra, the learned AGA and the learned counsel for the complainant have opposed the prayer for bail. They submit that the deceased is a young lady aged about 20 years and she has died at her matrimonial home just after the expiry of a period of one year and ten days from the date of her marriage. The applicant, who is the father-in-law of the deceased is not only a named accused but also a charge-sheeted accused under Section 304B I.P.C. As such, presumption is available to the prosecution. Upto this stage, the applicant has not been able to discharge the burden arising out of an offence under Section 3.04B I.P.C. in terms of Section 113B of the Indian Evidence Act. In view of the aforesaid factual premise, it is urged that the bail application of the applicant is liable to be rejected.
In rejoinder, the learned counsel for the applicant submits that the applicant cannot be said to be the beneficiary of the alleged demand of dowry. The applicant being the father-in-law of the deceased has no concern with the family life of the deceased and her husband, i.e., the son of the present applicant. The deceased has committed suicide on account of quarrel with her husband in which the present applicant has no role to play.
Having heard the learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant 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-Girraj 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 :- 19.12.2018 YK