Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2698 of 2019 Applicant :- Smt. Meera Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ravi Shankar Tripathi, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant-Smt. Meera Devi seeking her enlargement on bail in Case Crime No. 429 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.-Wazirganj, District-Budaun, during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Anmol was solemnized with Prateeksha on 18.04.2018 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of five months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 29.09.2018, in which the daughter-in-law of the applicant died as she committed suicide by hanging herself. The inquest of the deceased was performed on the same day, i.e, on 29.09.2018 not on the information given by the applicant or any of her family members but on the information given by the father of the deceased, namely, Sugarpal. In the opinion of the Panch witnesses, the death of the deceased was characterised as suicidal. The post- mortem of the body of the deceased was conducted on 30.09.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death of the deceased was asphyxia as a result of ante-mortem hanging. The doctor further found four external ante-mortem injuries on the body of the deceased which are extracted herein below:-
"i. A ligature mark present on neck 5cm. below the right ear reaching 3 cm. below the left ear. ; skin beneath ligature is abraded measuring 22 + 1cm. there is gap in back of neck and skin underneath the ligature is lost, wheting and ecchymosed.
ii. Abraded contusion 5cm. x 4 cm. on medial aspect of just below the knee joint.
iii. Contusion 5cm. x 2 cm. medial aspect of right leg present from the injury no.1.
iv. Contusion 3cm. z 2cm. posture whole aspect of right leg, 4cm. below and medial to injury no.2."
The first information report in respect of the aforesaid incident was lodged on 29.09.2018 by the father of the deceased, namely, Sugarpal, which came to be registered as Case Crime No. 0429 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.-Wazirganj, District-Budaun. In the aforesaid F.I.R., three persons, namely, Anmol-husband, Prempal-father-in-law, i.e, the applicant herein and Meera Devi-mother-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 04.11.2018 against some of the named accused. Thereafter the Police has submitted a supplementary charge-sheet dated 22nd November, 2018 against the present applicant. What has happened subsequent to the submission of the charge-sheet dated 04.11.2018/22.11.2018 has not been detailed in the affidavit accompanying the present bail application nor the same has been disclosed by the learned counsel for the applicant at the time of hearing of the present bail application.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased but she is innocent. The applicant is an old woman aged about 68 years. The applicant is in Jail since 23.11.2018. The applicant has no criminal antecedents to her 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 hanging herself. Simply general and omnibus allegations have been made in the F.I.R. regarding demand of dowry. However, there is no statement of the deceased under Section 161 Cr.P.C. nor there is any dying declaration of the deceased nor there is a suicide note of the deceased. The husband of the deceased is already languishing in jail. It is thus urged that the present applicant being the mother-in-law of the deceased and an old woman aged about 68 years, is liable to be enlarged on bail. It is lastly submitted that the co-accused, namely, Prempal, father- in-law of the deceased/husband of the present applicant has already been enlarged on bail by this Court vide order dated 13th December, 2018. The case of the present applicant is similar and identical to that of the co-accused Prempal. It is, thus, urged that the present applicant is also liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is not only a named accused but also a charge-sheeted accused. The deceased was a young lady aged about 22 years and she had died at her matrimonial house just after five months from the date of her marriage. The death of the deceased is highly unnatural and therefore, the present applicant is not liable to be enlarged on bail. However, the learned A.G.A. could not dispute the factual and legal submission made by the learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State 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-Smt. Meera Devi 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.
(Rajeev Misra, J.) Order Date :- 22.1.2019 Sushil/-