Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40722 of 2018 Applicant :- Pradeep Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anurag Dubey, learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant-Pradeep Singh seeking his enlargement on bail in Case Crime No. 169 of 2018 under Sections 498A, 306, 201 I.P.C. and Section 3/4 D. P. Act, P.S.-Bewar, District-Mainpuri during the pendency of the trial.
From the record, it appears that the marriage of the applicant- Pradeep Singh was solemnized with Lakshmi Devi on 20.06.2017 in accordance with Hindu Rites and Customs. However, after the expiry of a period of more than one year and nine months from the date of marriage, an unfortunate incident occurred on 05.04.2018 in which wife of the applicant died. Immediately, the body of the deceased was destroyed. As such, the cause of death of the deceased could not be ascertained. The first information report in respect of the aforesaid incident was lodged on 06.04.2018 by the mother of the deceased, which was registered as Case Crime No. 0169 of 2018 under Sections 498A, 302, 201 I.P.C., P.S.-Bewar, District-Mainpuri.
In the aforesaid F.I.R., nine persons, namely, Pradeep Singh, (the husband) the applicant herein, Rajendra Singh (the father- in-law), Rama Devi (the mother-in-law), Surendra ( the cousin father-in-law), Krishna Veer Singh (the cousin father-in-law), Mithlesh (cousin mother-in-law), Hirdesh Singh, Gulloo and Bhajan (the Devars) of the deceased were nominated as named accused. The Police upon completion of the statutory investigation of the aforesaid case crime number, submitted a charged sheet dated 26.05.2018 only against three named accused, i.e., the husband (the applicant herein), the father-in- law and the mother-in-law of the deceased. Upon submission of the charge-sheet, cognizance was taken by the concerned court under cognizance taking order dated 13.06.2018. Although a period of more than four months have rolled by from the date of cognizance taking order but what happened subsequent thereto has not been detailed in the affidavit filed in support of the bail application.
Learned counsel for the applicant submits that though the first information report was initially lodged under Section 302 I.P.C. but the Police upon completion of the investigation of the aforesaid case crime number has submitted the charge-sheet under Section 306 I.P.C and Section 3/4 D. P. Act. He therefore submits that there is no evidence on record to show that the applicant has aided, instigated or conspired in commission of the alleged crime. As such, the submission is that there is no abetment on the part of the applicant. Reliance is placed upon the statements of the witnesses Chandani and Priti, whose statements were recorded by the Investigating Officer under Section 161 Cr.P.C. and are on record at page 23 and 31 of the paper-book. It is further contended that the applicant is innocent and is in jail since 23.04.2017 having no criminal antecedents to his credit except the present one. On the aforesaid factual premise, learned counsel for the applicant submits that the applicant is entitled to be enlarged on bail.
Per contra, learned AGA appearing for the State has opposed the prayer for bail. However, he submits that why the body of the deceased was destroyed immediately and secondly why the information of death of the deceased was not given at the Police Station or to the in-laws of the applicant has not been explained by the applicant upto this stage. He therefore submits that no case for bail is made out, and consequently, the bail application of the applicant is liable to be rejected.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and considering the evidence 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 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 applicant 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 :- 26.10.2018 YK