Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45582 of 2018 Applicant :- Panna Lal Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anil Kumar Shukla, learned counsel for the applicant and learned A.G.A. for the State.
This application for bail has been filed by the applicant-Panna Lal seeking his enlargement on bail in Case Crime No. 95 of 2018 under Sections 498A, 304B I.P.C. and Sections 3/4 D. P. Act, P.S.- Khairagarh, District- Firozabad, during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Mahesh was solemnized with Deepa on 20.07.2007 in accordance with the Hindu Rites and Customs. However, just after the expiry of a period of little more than one year and one month from the date of marriage of the son of the applicant, an unfortunate incident occurred on 01.09.2018, in which the daughter in law of the applicant, namely, Deepa sustained burn injuries. It is the case of the present applicant that upon happening of the aforesaid occurrence, the applicant had taken to the victim to the District Hospital, Firozabad and from where, she was referred to District Hospital, Agra, where her dying declaration was recorded but ultimately the victim died on 02.09.2018. The inquest of the body of the deceased was conducted on 02.09.2018 on the information given by the ward body of the aforesaid Hospital. In the opinion of the Panch witnesses, the death of the deceased was said to be homicidal. The post-mortem of the body of the deceased was conducted on 03.09.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the death of the deceased was due to superficial and deep burn injuries. However, the Doctor further opined that the deceased has sustained 80% burn of the total surface area of her body. The first information report in respect of the aforesaid incident was lodged on 03.09.2018 by the father of the deceased, namely, Sri Charan Singh, which came to be registered as Case Crime No. 0095 of 2018 under Sections 498A, 304B, 376 I.P.C. and Sections 3/4 D. P. Act, P.S.- Khairagarh, District-Firozabad.
In the aforesaid F.I.R., six persons, namely, Mahesh-husband, Panna Lal- father-in-law, the applicant herein, mother-in-law (name-unknown), Nanad (name-unknown), Indrapal-Devar and Km. Raj Kumari-Nanad of the 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 19.10.2018 only against husband and father-in-law, i.e., the applicant herein. Rest of the named accused have been excluded. What has happened subsequent to the submission of the charge-sheet dated 19.10.2018 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 father- in-law of the deceased but he is innocent. The applicant is in Jail since 04.09.2018. He has invited the attention of the Court to the dying declaration of the deceased which was recorded on 02.09.2018 and the photocopy of the same is on the record at page 36 of the paper-book. Referring to the aforesaid dying declaration of the deceased, he submits that the deceased has clearly implicated her husband in the commission of immolation. Furthermore, no allegation has been made by the deceased in the dying declaration with regard to demand of dowry or commission of cruelty upon the deceased for demand of dowry by the present applicant. He submits that even though the applicant is a charge-sheeted accused under Section 304B I.P.C. and presumption is available to the prosecution, the applicant being the father-in-law of the deceased, is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is a charge-sheeted accused and therefore, the bail application of the applicant is liable to be rejected. 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-Panna Lal 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 :- 29.11.2018 YK