Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44246 of 2018 Applicant :- Rahul Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kuldeep Kumar, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Rahul, seeking his enlargement on bail in S.T. No. 651 of 2018 arising out of Case Crime No. 681 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, District Bulandshahr during the pendency of the trial.
From the record, it appears that the marriage of the applicant was solemnized with Rakhi on 22.4.2015 in accordance with Hindu Rites and Customs. From the aforesaid wedlock, a son is said to be born on 31.5.2018. However, just after the expiry of a period of three years and one month from the date of marriage of the applicant, an unfortunate incident occurred on 12.6.2018, in which the wife of the applicant died as she committed suicide by hanging herself. The information of the aforesaid occurence is said to have been transmitted by the police to the parents of the deceased on 12.6.2018. The inquest of the body of the deceased was conducted on 13.6.2018 on the information given by the present applicant. In the opinion of the panch witnesses, the cause of death of the deceased was said to be suicidal. Post mortem of the body of the deceased was conducted on 13.6.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was asphyxia as a result of anti mortem hanging. Except for the ligature mark, no other external ante-mortem injury was found on the body of the deceased. However, the Doctor noted that there is a post operative wound on the body of the deceased.
The F.I.R. in respect of the aforesaid incident was lodged on 13.6.2018 by Naresh the father of the deceased, which was registered as Case Crime No. 0681 of 2018 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Kotwali Nagar, District Bulandshahr. In the aforesaid F.I.R., five persons namely, Rahul (husband), Dulari (mother-in-law), Ajay (Jeth), Sonu, Neelam (Jethani) were nominated as the accused. Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C, the Police submitted a charge- sheet dated 21.7.2018 only against two of the named accused i.e. the husband and the mother-in-law of the deceased. Rest of the named accused have been excluded. Upon submission of the charge sheet, cognizance has been taken by the Court concerned and thereafter, the case was committed to the Court of sessions. Accordingly S.T. No. 651 of 2018 came to be registered, which is said to be pending.
Learned counsel for the applicant submits that the applicant is the husband of the deceased. However, the applicant is innocent. He is in jail since 13.6.2017. The applicant has no criminal antecedents to his credit except the present one. The deceased was a short tempered lady and has taken the extreme step of committing suicide by hanging herself. The absence of any external ante-mortem injury on the body of the deceased, clearly speaks of the bonafide of the present applicant. The bonafide of the applicant is further, evident from the fact that upon the happening of the occurrence, the applicant himself informed the police and it is on the information given by the applicant that the inquest of the deceased was conducted. On the aforesaid factual premise, it is thus urged that the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. Learned A.G.A. submits that the applicant is the husband of the deceased. The deceased was a young lady aged about 25 years. Prior to the fateful day, the deceased gave birth to a male child. It is urged that the death of the deceased is highly unnatural in the given facts and circumstances. The applicant is a charge sheeted accused under section 304 B IPC also. As such presumption is available to the prosecution. The present applicant has failed to discharge the burden arising out of an offence under section 304 B IPC up to this stage. On the aforesaid submissions, it is thus urged that the present bail application of the applicant is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State and upon perusal of the material brought on the record and the complicity of the applicant but without making any comments on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused applicant. Thus, the bail application of the present applicant stands rejected.
However, the trial court is expected to gear up the trial of the aforesaid case and conclude the same within a period of six months from the date of production of a certified copy of this order, in accordance with law, without granting any unnecessary adjournment to either of the parties, provided the applicant fully cooperates in conclusion of the trial, if there is no other legal impediment.
Office is directed to transmit a certified copy of this order to the court concerned within a fortnight.
Order Date :- 20.12.2018 Arshad