Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41795 of 2018 Applicant :- Mohan Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Sushil Dubey, the learned counsel for the applicant and the learned A.G.A. for the State.
2. Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.
3. This application for bail has been filed by the applicant- Mohan Lal, i.e, the Jeth of the deceased, for seeking his enlargement on bail in Case Crime No. 437 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Bhogaon, District-Mainpuri, during the pendency of the trial.
4. It transpires from the record that the marriage of the brother of the applicant, namely Jashwant was solemnized with Shivanee on 29.04.2017 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of one year and two months from the date of marriage of the brother of the applicant, an unfortunate incident occurred on 13.07.2018, in which, the wife of the brother of the applicant, i.e., Bhayahoo of the applicant, sustained severe burn injuries. It is the case of the applicant that immediately after the occurrence took place, the victim was rushed to Saifai Medical College on 13.07.2018 but ultimately, she succumbed to the burn injuries on the same day. Upon the death of the wife of the brother of the applicant, namely, Shivanee, communication regarding the same was was conveyed at the concerned police station by Vijendra Singh, i.e. the ward boy of the aforesaid hospital. It is on the aforesaid information, the inquest of the deceased was conducted on the next day, i.e., 14.07.2018. 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 the same day, i.e., 14.07.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of the death of the deceased was shock as a result of ante-mortem burn injuries. The ante-mortem injuries found on the body of the deceased have been described by the Doctor as follows:
"1. Superficial to deep whole body burn except part of both (Rt.
+ Lt.) Sole, Skin pilled of places. Red line of demarcation present between burn and unburn area."
5. The first information report in respect of the aforesaid incident was lodged on 14.07.2018 by the father of the deceased, namely, Ram Chandra which was registered as Case Crime No. 0437 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Bhogaon, District- Mainpuri.
6. In the aforesaid F.I.R., four persons, namely, Jashwant- husband, Maharam-father-in-law, Namaloom-mother-in-law and Mohan Lal-Jeth of the deceased were nominated as the named accused. From the perusal of the F.I.R. it is explicitly clear that specific allegations with regard to demand of dowry and the commission of cruelty upon the deceased for non- fulfilment of the demand of dowry have been levelled. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted the charge-sheet dated 05.09.2018 against all the named accused. Upon submission of the aforesaid charge-sheet, cognizance was taken by the court concerned and the case was committed to the court of sessions. However, learned counsel for the applicant is unable to disclose the number of Session Trial, which came to be registered subsequent to the aforesaid.
7. Learned counsel for the applicant submits that the applicant is the Jeth of the deceased but he is innocent. The applicant is in Jail since 31.08.2018. The applicant has no criminal antecedents to his credit except the present one. It is then submitted that the deceased was a short tempered lady and has taken the extreme step of committing suicide by self immolation. To support the aforesaid submission, the attention of the Court was invited to the inquest report of the deceased wherein also the punch witnesses have opined that the death of the deceased is suicidal. It is then contended that the allegation made in the F.I.R. are general in nature. The applicant cannot be said to be the beneficiary of the demand of dowry so alleged in the F.I.R. There is no statement of the deceased under Section 161 Cr.P.C. nor there is any dying declaration of the deceased. The husband of the deceased is already languishing in Jail. As such, the applicant is liable to be enlarged on bail.
8. Per contra, the learned AGA has opposed the prayer for bail. He submits that the deceased was a young lady aged about 20 years and she has died at her matrimonial home just after the expiry of a period of one year and two months from the date of her marriage. As such, the death of the deceased is highly unnatural. There is no explanation on behalf of the applicant in terms of Section 113B of the Indian Evidence Act explaining the occurrence leading to the death of the deceased. On the aforesaid factual premise, he submits that the applicant is not entitled to any indulgence of this Court. The bail application of the applicant is thus liable to be rejected.
9. 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.
10. 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 one year provided the applicant would render all necessary co-operation in early conclusion of the trial.
11. Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 22.1.2019 YK