Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48268 of 2018 Applicant :- Parvati Devi Opposite Party :- State Of U.P. Counsel for Applicant :- K.K.Rao Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. K.K. Rao, learned counsel for the applicant and learned Addl. Government Advocate for the State.
This application for bail has been filed by the applicant- Parvati Devi seeking her enlargement on bail in Case Crime No. 115 of 2018 under Sections 304B I.P.C. and 3/4 D. P. Act, P.S.- Uruwa Bazar, District-Gorakhpur, during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Rahul Gupta was solemnized with Sarita on 21.05.2017 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 son of the applicant, an unfortunate incident occurred on 11.08.2018, in which the daughter-in-law of the applicant died in mysterious circumstances. The inquest of the deceased was conducted on 11.08.2018 not on the information given by the present applicant or any of her family members, but on the information given by Rampyare Gupta, the father of the deceased. In the opinion of the Panch witnesses, no definite opinion could be given regarding the nature of the death of the deceased. The first information report in respect of the aforesaid incident was lodged on the same day i.e. 11.08.2018 by the father of the deceased, namely, Rampyare Gupta, which was registered as Case Crime No. 0115 of 2018, under Sections 304B I.P.C. and 3/4 D. P. Act, P.S.- Uruwa Bazar, District-Gorakhpur.
In the aforesaid first information report, six persons, namely Rahul Gupta- husband, Harendra Gupta- father-in-law, Parwati Gupta- mother-in-law, Rohit- Dewar, Ashwani- Dewar and Manish- Dewar of the deceased were nominated as named accused. The post-mortem of the body of the deceased was conducted on 12.08.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death of deceased is Asphyxia as a result of ante-mortem injury.
However, except for the ligature mark all over the neck, no other injury was found on the body of the deceased. The Police upon completion of the statutory investigation of the aforesaid case crime number has submitted a charge-sheet dated 21.11.2018 only against three of the named accused, namely, the husband, the father-in-law and the mother-in-law i.e. the applicant herein. Rest of the named accused have been excluded.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased but she is innocent. The applicant is in Jail since 16.10.2018. The applicant has no criminal antecedents to her credit except the present one. It is then submitted that the deceased was a short tempered lady and she had a quarrel with her husband in which the unfortunate incident occurred. As such, the present applicant, being the mother-in-law of the deceased, is innocent as she has no concern with the family affairs of the deceased. On the aforesaid factual premises it is stated that the present applicant is liable to be enlarged on bail.
Per contra, the learned Addl. Government Advocate has opposed the prayer for bail. He submits that the deceased was a young girl aged about 21 years and she has died just after one year and two months from the date of her marriage at her matrimonial home. As per the medical report the cause of death is Asphyxia as a result of ante-mortem injuries found on the body of the deceased. The death of the deceased has occurred at her matrimonial home, therefore, the burden is upon the present applicant to explain the manner of occurrence of incident and further to rebut the presumption arising out of an offence under Section 304B I.P.C.. However, up to this stage the applicant has failed to discharge such burden. It is, thus, urged that the bail application of the present applicant is liable to be rejected.
Having heard the learned counsel for the applicant, learned Addl. Government Advocate 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, 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 application is hereby rejected.
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 applicants 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.
Order Date :- 19.12.2018 Pkb/