Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11073 of 2021 Applicant :- Mahesh Chand Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Hesamuddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohd. Hesamuddin Khan, learned counsel for the applicant and Sri Roopak Chaubey, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 236 of 2020 under Sections 302, 201, 120B I.P.C., Police Station Phase-II Noida, District Gautam Budh Nagar, during the pendency of trial.
As per F.I.R. which has been lodged by one Sanjay Kumar, his sister, Manju (deceased) was married to accused-applicant Mahesh Chand about 15 years ago and out of the wedlock, two children were born, one aged about 13 years and other aged about 11 years. About six months ago, informant had come to know through her sister that accused-applicant Mahesh had illicit relationship with a lady which deceased used to oppose and strained relationship was going on between Mahesh and deceased. On 28.03.2020, when informant's sister and informant's mother were talking on phone, then deceased had told them that she should be saved as accused would kill her because they were planning to commit her murder. Thereafter, on 28.03.2020, at about 7:00 a.m., informant came to know from his relative that deceased had been done to death and her dead body was taken in car for being cremated. When informant reached there, her dead body had already been burnt and nothing remained there. Post-mortem report shows remains of body of deceased after being burnt.
Submission made by the learned counsel for the applicant is that the deceased has committed suicide although reason of suicide has not been disclosed by him. He has drawn attention to the statements of the two children of the deceased namely Tanishq and Tanvi. Tanvi has stated that her mother had told her that she would not meet her tomorrow and she was looking in anger and next day in the morning at about 6:00 PM, when her brother TanishK had got up and went for attending call of nature, he came crying seeing her mother hanging. It is further argued that it is a case of suicide and not a homicidal death. He is in jail since 31.3.2020. He has no criminal history. He did not get the post-mortem done only because of lack of knowledge as he was a driver. If released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer of bail and has argued that in a case where unnatural death takes place and that too inside the house of the applicant it was bounden duty of the accused to get post-mortem done in order to establish the cause of death which was mandatory provision but the same has not been followed, therefore bail should be rejected.
Without expressing any opinion on the merits of the case and looking to the fact that death has occurred inside the house of the applicant and cause of death has to be explained by the accused only and in this case, no cogent reason has been given as to why suicide has been committed, this is not found to fit case for grant of bail.
However, the trial court is directed to expedite the trial of the aforesaid case and conclude the same strictly in accordance with the provisions contained in Section 309 Cr.P.C. within a further period of one year from the date of production of a copy of this order downloaded from the official website of Allahabad High Court and verified by the learned counsel for the applicant.
Order Date :- 8.4.2021 A.P. Pandey