Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53731 of 2021 Applicant :- Pooran Singh Kuswah Opposite Party :- State of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Noor Muhammad, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application for bail has been filed by applicant Pooran Singh Kuswah seeking his enlargement on bail in Case Crime No.151 of 2021, under Sections 498A, 304B IPC and Sections 3/4 D.P. Act, P.S. Metsena, District Firozabad, during pendency of trial.
Perusal of records shows that marriage of son of applicant namely Shisupal was solemnized with Hemlata, daughter of first informant four years ago in accordance Hindu rites and customs. Admittedly, after expiry of a period of 5 years from the date of marriage of Shishupal with Hemlata, an unfortunate incident occurred on 26.06.2021, in which daughter-in-law of applicant died as she committed suicide by hanging herself. Information regarding aforesaid incident was not given by applicant or any of his family members at the concerned Police Station. Thereafter, first informant Raju Kushwaha lodged an F.I.R. dated 26.6.2021 which was registered as Case Crime No.151 of 2021, under Sections 498A, 304B IPC and Sections 3/4 D.P. Act, P.S. Metsena, District Firozabad. In the aforesaid F.I.R., eight persons namely Shishupal, husband, Pooran Singh Kushwaha, father-in-law, Vinod, jeth, elder brother-in-law, jethani name not known, Chhote, jeth elder brother-in-law, jethani name not known and Machhala alias Sarita nand of the deceased have been nominated as named accused. Inquest of the deceased was conducted on 27.6.2021. In the opinion of panch witnesses, nature of death of deceased was categorized as homicidal. Post mortem of the body of the deceased was thereafter conducted on 27.6.2021. In the opinion of Autopsy Surgeon, cause of death of deceased was asphyxia as a result of ante mortem hanging. Autopsy Surgeon found following ante- mortem injuries on the body of the deceased:-
(1) Ligature mark of 24 x 2 cm around neck, obliquely place with gap of 6 cm on back side of neck, 6 cm below from right ear 6 cm below from left ear and 5 cm below from chin.
(2) Margins are abraded inverted.
3. No other injuries are on whole body except ligature mark.
During pendency of investigation of above mentioned Case Crime number, statement of first informant was recorded under Section 161 Cr. P. C. wherein the first informant has not supported the prosecution story as unfolded in F.I.R.
Investigating Officer upon completion of statutory investigation of aforementioned case crime number in terms of Chapter XII Cr. P. C. has ultimately submitted a charge sheet dated 3.8.2021, whereby and whereunder two of the named accused namely Shishupal, husband of the deceased and Pooran Singh Kushwaha, father-in-law, (applicant herein) of the deceased have been charge sheeted, whereas other six named accused have been exculpated.
Learned counsel for applicant contends that applicant is father- in-law of the deceased and he is innocent. Applicant has been falsely implicated in above mentioned Case Crime number. Applicant is in jail since 01.07.2021. Allegations made in F.I.R. are false and concocted. No conviction of applicant is possible, on the basis of allegations made in F.I.R. Applicant is an old and infirm man aged about 68 years. Placing reliance upon proviso to Section 437 Cr. P. C., learned counsel for applicant contends that applicant is liable to be enlarged on bail. Applicant is a man of clean antecedents as he has no criminal antecedents to his credit. In case, applicant is enlarged on bail, he shall not misuse the liberty of bail and shall co-operate with the trial.
It is then contended that deceased was a short tempered lady. She has taken the extreme step of committing suicide by hanging herself. Except for the ligature mark, no other external or internal injury was found on the body of the deceased which speaks of the bona fide of applicant.
Learned counsel for applicant further contends that no motive can be attached to the applicant for committing the alleged crime, as from the wedlock of the son of applicant with deceased two children; a son namely Veer and a daughter namely Sona, who are now aged about 2 years and 1 year, were born. General and omnibus allegations with regard to demand of dowry have been made in F.I.R. Applicant cannot be said to be beneficiary of the same. Husband of the deceased is already languishing in jail. There is nothing on record to show immediate demand of dowry by the applicant before the occurrence. No such material has been collected by Investigating Officer upto this stage on the basis of which applicant can be alleged to have abetted in the commission of alleged crime.
Referring to the statement of first informant as recorded under Section 164 Cr. P. C., learned counsel for applicant contends that first informant himself has not supported the prosecution story. On the aforesaid premise, it is thus urged that applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions urged by learned counsel for applicant.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and accusation made, but without expressing any opinion on merits of the case, applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant Pooran Singh Kuswah involved in aforesaid case crime number, be released on bail on his furnishing a personal bond with 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 will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates 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 of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the 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 of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 20.12.2021 HSM