Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45389 of 2018 Applicant :- Maya Devi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Atharva Dixit,Manu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Atharva Dixit, the learned counsel for the applicant and the learned A.G.A.
Perused the record.
This application for bail has been filed by the applicants Maya Devi and Dharamveer for seeking their enlargement on bail in Case Crime No. 0320 of 2018 under Sections 304- B & 498-A I.P.C. and Sections 3/4 D.P. Act, Police Station Neuria, Distirct Pilibhit during the pendency of the trial.
It transpires from the record that the marriage of the son of the applicants, namely, Ashok Kumar was solemnised with Poonam on 24th February, 2018 in accordance with the Hindu Rites and Customs. Just after the expiry of a period of four months and 24 days from the date of marriage of the son of the applicants, an unfortunate incident occurred on 19th July, 2018, in which the daughter-in-law of the applicants died as she committed suicide by hanging herself. The inquest of the body of the deceased was conducted on 19th July, 2018 not on the information given by the applicants or any of their family members, but on the information given by the brother of the deceased, namely, Rampal. In the opinion of the Panch witnesses, the death of the deceased was characterised as homicidal. The post mortem of the body of the deceased was conducted on 19th July, 2018. Consequently, the Doctor, who conducted the autopsy on the body of the deceased opined that the cause of the death of the deceased is asphyxia as a result of ante-mortem hanging. However, except for the ligature mark, no external ante-mortem injury was found on the body of the deceased. A first information report in respect of the aforesaid incident was lodged on 19th July, 2018 by the brother of the deceased, namely, Rampal. In the aforesaid first information report, three persons, namely, Ashok Kumar-the husband, Dharamveer-the father-in-law, Smt. Maya Devi-the mother- in-law of the deceased were nominated as the named accused, whereas one Babulal, who is resident of the same village was also nominated as the 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 charge-sheet dated 14th August, 2018 against the three named accused, namely, Ashok Kumar-
the husband, Dharamveer-the father-in-law, Smt. Maya Devi-the mother-in-law of the deceased, whereas the Babulal who is resident of the same village has been excluded. Upon submission of the aforesaid charge-sheet dated 14th August, 2018, cognizance has been taken by the court concerned vide Cognizance Taking Order dated 12th September, 2018. According to the learned counsel for the applicant the matter is pending committal before the court below.
The learned counsel for the applicants submits that though the applicants are mother-in-law and father-in-law of the deceased respectively, but they are innocent. The applicants are in jail since 6th August, 2018 and 20th July, 2018 respectively. The applicants have no criminal antecedents to their credit except the present one. According to the learned counsel for the applicants, the deceased was a short tempered lady and she has taken the extreme step of committing suicide by hanging herself. To buttress his submission, he submits that except for the ligature mark, no other external ante-mortem injury was found on the body of the deceased. General and omnibus allegations regarding demand of dowry have been made in the first information report only to colour the same. On the aforesaid factual premise, it is urged by the learned counsel for the applicants that the applicants are liable to be released on bail.
Per contra, the learned A.G.A. has opposed the present application for bail. He submits that the applicants are the charge-sheeted accused under Section 304-B I.P.C. also. As such the presumption is available to the prosecution. The occurrence has taken place in the house of the applicants and therefore, the burden is upon the applicants to explain the same and also the cause behind the occurrence in terms of Sections 106 and 113-B of the Indian Evidence Act. However, the applicants have failed to discharge the aforesaid burden. It is further submitted that the applicants do not merit any sympathy of this Court. The deceased was a young girl aged about 21 years and she has died just after four months and 24 days from the date of her marriage, which is highly unnatural. It is, thus, urged that the present bail application of the applicants is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the evidence brought on record, as well as the complicity of the applicants 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.
It is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within a period of one year, 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.
(Rajeev Misra, J.) Order Date :- 28.11.2018 Sushil/-