Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48805 of 2018 Applicant :- Lovekush Alias Leelu Opposite Party :- State Of U.P.
Counsel for Applicant :- Suyash Pandey,Nand Lal Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Nand Lal Pandey, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant- Lavekush @ Leelu seeking his enlargement on bail in Case Crime No. 223 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.-Babugarh, District-Hapur during the pendency of the trial.
From the record, it appears that the marriage of the applicant, namely, Lovekush @ Leelu was solemnized with Roshni in the month of May, 2013 in accordance with Hindu Rites and Customs. However, after the expiry of a period of almost five years from the date of marriage of the applicant, an unfortunate incident occurred on 20.05.2018, in which the wife of the applicant died as she committed suicide by hanging herself. The inquest of the Rajesh Kumar-deceased was conducted on 20.05.2018 not on the information given by the applicant or any of his family members but on the information given by Rajesh Kumar the father of the deceased. According to the Panch witnesses, the death of the deceased was suicidal. The first information report in respect of the aforesaid incident was lodged on 20.05.2018 by the father of the deceased, which came to be registered as Case Crime No. 223 of 2018 under Sections 498A, 304B I.P.C. and Section 3/4 D. P. Act, P.S.-
Babugarh, District-Hapur.
In the aforesaid F.I.R., four persons, namely, Harveer Singh (the father-in-law), Baleshwari (the mother-in-law), Lavkush @ Tillu (the husband and the applicant herein) and Pappu (Devar) of the deceased were nominated as named accused. Thereafter, the post-mortem of the body of the deceased was conducted on 20.05.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was on account of hanging. 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 14.07.2018 against three persons, namely, the applicant (the husband), the father-in-law and mother-in-law of the deceased. The Devar of the deceased has been excluded. Learned counsel for the applicant submits that subsequent to the submission of the charge-sheet, cognizance has not been taken by the court concerned till date.
Learned counsel for the applicant submits that though the applicant is the husband of the deceased, but he is innocent. The applicant is in jail since 22.05.2018. The applicant has no criminal antecedents to his credit except the present one. The deceased was a short tempered lady and she has taken the extreme step of committing suicide by hanging herself. Except for the ligature mark no other external injury was found on the body of the deceased. The absence of any external ante-mortem injury on the body of the deceased clearly speaks of the bonafide of the present applicant. Simple vague and general allegations have been made with regard to the demand of dowry to give colour to the first information report. The deceased has committed suicide after expiry of more that 5 years from the date of her marriage. During the aforesaid period no complaint was ever made regarding demand of dowry or the commission of cruelty by the applicant upon the deceased for non-fulfilment of the dowry. It is, thus, urged that the applicant is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is husband of the deceased. The applicant is not only named accused but also a charge-sheeted accused under Section 304B I.P.C. also. As such, presumption is available to the prosecution. The occurrence has taken place within seven years of marriage. As such the death of the deceased cannot be said to be natural. The applicant has not been able to discharge the burden in respect of offence pertaining to Section 304B I.P.C. On the aforesaid factual premise, he submits that the applicant being the husband of the deceased, is not entitled to any indulgence by this Court. The bail application of the applicant is thus liable to be rejected.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the material brought on record and the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the applicant is hereby rejected.
However, at this stage, it is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within six months provided the applicant would render all necessary co-operation in early conclusion of the trial.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 20.12.2018 Pkb/