Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 230 of 2019 Applicant :- Pawan Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kanhaiyalal Bind Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Supplementary affidavit filed on behalf of the applicant in Court today, is taken on record.
2. Heard Mr. Kanhaiya Lal Bind, the learned counsel for the applicant and the learned A.G.A. for the State.
3. This application for bail has been filed by the applicant- Pawan Kumar seeking his enlargement on bail in Case Crime No. 97 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Jigna, District- Mirzapur during the pendency of the trial.
4. It transpires from the record that the marriage of the applicant was solemnized with Khushboo on 18.11.2013. After the expiry of a period of four years and six months from the date of marriage of the applicant, an unfortunate incident occurred on 28.05.2018, in which the wife of the applicant died as she committed suicide by hanging herself. It may be noted that from the wedlock of the applicant and the deceased, two children, a son namely Golu aged about 2 1/2 years and a daughter namely Goli aged about 8 months are said to be born. The first information report in respect of the aforesaid incident was lodged on the same day on 28.05.2018 by the brother of the deceased, which came to be registered as Case Crime No. 97 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Jigna, District- Mirzapur. In the aforesaid F.I.R., three persons, namely, Pawan Kumar, the husband Hinchha Lal (the father-in- law) and the mother in law of deceased were nominated as named accused. The inquest of the deceased was conducted on the same day. In the opinion of the Panch witnesses, the death of the deceased was characterized as suicidal.
5. The post-mortem of the body of the deceased was conducted on the next day i.e. on 29.5.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of the death of the deceased was on account of asphyxia as a result of ante-mortem hanging. Except for the ligature mark, no other external ante mortem injury was found on the body of the deceased. A perusal of the F.I.R. dated 28.5.2018 will go to show 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 haved been made. 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 20.06.2018 against all the named accused. What has happened subsequent to the submission of the charge sheet dated 20.06.2018 has neither been stated in the affidavit accompanying the present bail application nor the same has been detailed at the time of hearing of the bail application by the learned counsel for the applicant.
6. Learned counsel for the applicant submits that the applicant though he is the husband of the deceased, but he is innocent. The applicant is in Jail since 20.5.2018. 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 hanging herself. Absence of any external ante mortem injury on the body of the deceased clearly denotes the bona fide of the applicant. It is then urged that from the wedlock of the applicant and the deceased, two children namely a son Gola aged about 2 1/2 years and a daughter namely Goli aged about 8 months was born. In such a precarious family life, it is even impossible to believe that the present applicant shall even abet in the commission of the alleged crime. On the aforesaid factual premise, it is urged by the learned counsel for the applicant that the applicant even though he is the husband of the deceased is liable to be enlarged on bail.
7. Per contra, the learned AGA has opposed the prayer for bail. He submits that the deceased was a young lady aged about 26 years and she has died at her matrimonial home just after the expiry of 4 years and six months from the date of her marriage. As such the death of the deceased is highly unnatural. The applicant is not only a named accused, but is also a charge sheeted accused under section 304 B I.P.C. However, the applicant has failed to discharge the burden arising out of offence under section 304 B I.P.C. As such, the bail application of the applicant is liable to be rejected.
8. 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.
9. 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.
10. Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 22.1.2019 HSM