Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41743 of 2018 Applicant :- Kanahiyalal Opposite Party :- State Of U.P.
Counsel for Applicant :- Rohit Nandan Pandey,Sanjeev Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Sanjeev Kumar Pandey, the learned counsel for the applicant and the learned A.G.A. for the State.
2. Perused the record.
3. This bail application has been filed by the applicant Kanahiyalal seeking his enlargement on bail in Case Crime No. 244 of 2018, under Section 306 I.P.C., Police Station Bagwala, District Etah during the pendency of the trial in the above mentioned case crime number.
4. From the record it appears that the marriage of the applicant was solemnized with Sandhya in 2012. After expiry of a period of six years from the date of marriage of the son applicant, an unfortunate incident occurred on 25th June, 2018, in which the wife of the applicant committed suicide by hanging herself. The inquest of the body of the deceased was conducted on 26th June, 2018 not on the information given by the applicant or any of the his family members but one Dwarika Prasad. According to the Panch witnesses, the death of the deceased was said to be suicidal. The post-mortem of the deceased was conducted on 26th June, 2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of the death of the deceased was Asphyxia due to ante-mortem hanging. The Doctor further noted that the death of deceased occurred 3-4 days before. A first information report in respect of the aforesaid incident was lodged on 26th June, 2018 by the father of the deceased, which came to be registered as Case Crime No. Case Crime No. 0244 of 2018, under Sections 323, 498-A, 304-B, 506 I.P.C. and Sections 3/4 D.P. Act, Police Station Sakit, District Etah. In the aforesaid first information report, as many as three persons, namely, Kanhiyalal the husband of the deceased, Pinku and Karoo were nominated as the named accused. Upon completion of statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C., the Police has submitted charge-sheet dated 16th August, 2018 under Section 306 I.PC. According to the learned counsel for the applicant, the remand of the applicant also taken under Section 306 I.P.C. and the bail application of the applicant has also been rejected by the court below under Section 306 I.P.C. What has happened subsequent to the submission of the charge-sheet dated 16th August, 2018 has not been detailed in the affidavit accompanying the present bail application nor the said facts have been disclosed by the learned counsel for the applicant at the time of hearing of the present bail application.
5. The learned counsel for the applicant submits that the applicant is the husband of the deceased. He is a young man. The applicant has no criminal antecedents to his credit except the present one. He is in jail since 28th July, 2018. He further contends that in the present case, the wife of the applicant had committed suicide by hanging herself. It was in the light of the aforesaid fact that though the first information report was lodged under Sections 323, 498-A, 304-B, 506 I.P.C. and Sections 3/4 Dowry Prohibition Act, the charge-sheet has been submitted only under Section 306 I.P.C. Upto this stage, there is no such evidence on the record on the basis of which it can said that the applicant has aided, conspired or instigated in the commission of the alleged crime. The deceased was a short tempered lady and she committed suicide by hanging herself. Except for the ligature mark no other external injury was found on the body of the deceased. On the cumulative strength of the aforesaid submissions, it is urged by the learned counsel for the applicant that the present applicant is liable to be enlarged on bail.
6. Per contra, the learned A.G.A. for the State has opposed the present application for bail. According to the learned A.G.A., the deceased is the wife of the present applicant. The wife of the present applicant went missing on 25th June, 2018 at 05:30 P.M. but no missing person report was lodged by the applicant. The place of occurrence is situate 10 kilometres away from the house of the applicant. There is nothing on the record upto this stage explaining the aforesaid mysterious circumstance. On the cumulative strength of the aforesaid submissions, it is urged by the learned A.G.A. that no case for bail is made out and the bail application of the present applicant is liable to be rejected.
7. 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 but without commenting on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application stands rejected.
8. However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of one year 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.
9. Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
(Rajeev Misra, J.) Order Date :- 31.10.2018 Sushil/-