Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45828 of 2018 Applicant :- Narayan Dass Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Srivastava,Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Supplementary affidavit filed on behalf of the applicant in Court today, is taken on record.
Heard Mr. Vinod Kumar Srivastava, the learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant- Narayan Dass seeking his enlargement on bail in Case Crime No. 0672 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Phase-II, Noida, District-Gautam Budh Nagar, during the pendency of the trial.
It transpires from the record that the marriage of the son of the applicant namely Dharmendra was solemnized with Poonam on 04.06.2015 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of three years and three months from the date of the marriage of the son of the applicant, an unfortunate incident occurred on 17.09.2018, in which the daughter-in-law of the applicant died as she committed suicide by hanging herself. The inquest of the deceased was conducted on 17.9.2018 on the information given by the land lord Pradeep Bhati. In the opinion of the Panch witnesses, the nature of death of the deceased was characterized as suicidal. The post-mortem of the body of the deceased was conducted on 18.09.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of the death of the deceased was asphyxia due to ante-mortem hanging. Except for the ligature mark, there is no other external ante-mortem injuries on the body of the deceased. The first information report in respect of the aforesaid incident was lodged on 18.9.2018 by Peetam Singh the father of the deceased, 0672 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Phase- II, Noida, District-Gautam Budh Nagar.
In the aforesaid F.I.R., five persons, namely, Dharmendra (the husband), Narayan Dass (the father-in-law), Premsheela (the mother-in-law), Haribabu and Smt. Pravesh (the Jethani) of deceased were 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 the charge-sheet dated 11.12.2018 only against the husband, father-in-law and mother-in-law of the deceased. Two of the named accused namely Jeth and Jethani of the deceased have been excluded.
Learned counsel for the applicant submits that the applicant is the father-in-law of the deceased, but he is innocent. The applicant is in Jail since 18.09.2018. The applicant has no criminal antecedents to his credit except the present one. It is then urged that the deceased was a short tempered lady and has taken the extreme step of committing suicide by hanging herself. As per the post-mortem report, there is no ante-mortem injury on the body of the deceased, which speaks of the bona fide of the present applicant. General and omnibus allegations have been made regarding the demand of dowry and the commission of cruelty upon the deceased. The applicant is not the beneficiary of the alleged demand of dowry. The son of the applicant i.e. the husband of the applicant is already languishing in jail. The occurrence has taken place at village Phoolpur, District Gautam Budh Nagar, whereas the present applicant is residing at village Gadgaon, Tehsil Bisauli, District Gautam Budh Nagar., which is far away from the place of occurrence. As such, the applicant was not present at the time and place of occurrence. The cause of the occurrence is said to be quarrel in between the deceased and her husband. On this factual premise, it is thus urged that the present applicant, who is the father-in- law of the deceased be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. However, he could not dispute the factual and legal submissions raised by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail.
Let the applicant-Narayan Dass 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.
Order Date :- 18.12.2018 HSM