Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41791 of 2018 Applicant :- Puneet Maheshwari Opposite Party :- State Of U.P. Counsel for Applicant :- Onkar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Onkar Singh, learned counsel for the applicant, learned A.G.A. for the State and Mr. Sunil Kumar Srivastava Advocate, who has put in appearance on behalf of the complainant by filing his vakalatnama today in Court, which is taken on record.
This application for bail has been filed by the applicant-Puneet Maheshwari seeking his enlargement on bail in Case Crime No. 98 of 2018 under Sections 498A, 306 I.P.C. and Sections 3/4 D. P. Act, P.S.- Nagal, District-Saharanpur, during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the applicant was solemnized with Sarika on 06.02.2007 in accordance with the Hindu Rites and Customs. From the aforesaid wedlock, two children, namely, Akankshi-daughter and Lagan-son are said to be born. Both are said to be minors as they are aged about 10 years and 9 years, respectively. However, after the expiry of a period of 11 years from the date of marriage of the applicant, an unfortunate incident occurred on 20.06.2018, in which the wife of the applicant died as she consumed some poisonous substance. It is the case of the applicant that immediately after the happening of the occurrence, the applicant had taken the victim to District Hospital, Saharanpur and she was admitted in the aforesaid Hospital on 20.06.2018 at 5.27PM. But, after a short time, the deceased succumbed to the poisonous substance which she consumed. As such, the Doctor reported death of the deceased at 5.40PM on the same day. The inquest of the body of the deceased was performed on 20.06.2018 at District Hospital, Saharanpur on the information given by the Police Constable, namely. Akash Kumar. In the opinion of the Panch witnesses, the death of the deceased was characterised as suicidal. The post-mortem of the body of the deceased was conducted on 21.06.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that no definite opinion could be given regarding the cause of death of the deceased. As such, viscera of the deceased was directed to be preserved. However, the Doctor did not find any external ante-mortem injury on the body of the deceased. The first information report in respect of the aforesaid incident was lodged on 21.06.2018 by the father of the deceased, namely, Prem Chandra Maheshwari, which came to be registered as Case Crime No. 0098 of 2018 under Sections 498A, 302, I.P.C. P.S.-Nagal, District-Saharanpur.
In the aforesaid F.I.R., five persons, namely, Brij Narayan Maheshwari- father-in-law, Smt. Duresh-mother-in-law, Puneet Kumar-husband (the applicant herein), Sumit Kumar-Devar and Recha Maheshwari-Devrani of the deceased were nominated as named accused. However, during the course of investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C., the Investigating Officer on the basis of the material collected by him, converted the case under Section 306 I.P.C. The charge- sheet dated 08.08.2018 was submitted only against three of the named accused, namely, father-in-law, mother-in-law and husband (the applicant herein) of the deceased. Two of the name accused, namely, Devar and Devrani of the deceased have been excluded. What has happened subsequent to the submission of the charge-sheet dated 08.08.2018 has neither been detailed in the affidavit accompanying the present bail application nor the same has been disclosed by any of the counsel at the time of hearing of the present bail application.
Learned counsel for the applicant submits that the applicant is the husband of the deceased but he is innocent. The applicant is in Jail since 25.06.2018. The applicant has no criminal antecedents to his credit except the present one. It is next contended that from the wedlock of the applicant with the deceased, two children, namely, Akankshi and Lagan were born, who are said to be aged about 10 years and 9 years, respectively. As such, both are minors. On the cumulative strength of the aforesaid, it is urged by the learned counsel for the applicant that the family life of the applicant was precarious and therefore, it cannot be imagined that the applicant shall abet in the commission of the alleged crime. It is then urged that the proof of charge under Section 306 I.P.C. is subject to trial evidence. Upto this stage, there is no such evidence on record on the basis of which, it can be said that the applicant has aided, conspired or instigated in the commission of the alleged crime. Inviting the attention of the Court to the viscera report dated 26.11.2018 submitted by the Chief Chemical Analyst, which has been produced by the learned A.G.A. in Court today, learned counsel for the applicant submits that the deceased had consumed Aluminium Phosphide as is evident from the viscera report. Absence of any external ante-mortem injury on the body of the deceased clearly speaks of bonafide on the part of the applicant. On the aforesaid factual premise, it is urged that the applicant, is liable to be enlarged on bail.
Per contra, the learned A.G.A. and Mr. Sunil Kumar Srivastava, learned counsel for the complainant have opposed the prayer for bail. They submit that the applicant is the husband of the deceased and is a charge-sheeted accused. Therefore, the bail application of the applicant is liable to be rejected. However, the learned A.G.A. as well as the learned counsel for the complainant could not dispute the factual and legal submissions raised by the learned counsel for the applicant.
Having heard the learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant 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-Puneet Maheshwari 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 :- 30.11.2018 YK