Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41589 of 2018 Applicant :- Rajan Opposite Party :- State Of U.P.
Counsel for Applicant :- Upendra Upadhyay,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashok Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State.
Supplementary affidavit filed on behalf of the applicant in Court today is taken on record.
This bail application has been filed by the applicant Rajan, seeking his enlargement on bail in Case Crime No. 384 of 2017 under Section 498A, 304B, 201 IPC and 3/4 D.P. Act, P.S. Amaanpur, District Kasganj (Kashiram Nagar) during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant namely Vimal was solemnized with Rita on 12.5.2017 in accordance with Hindu Rites and Customs. However, just after the expiry of a period of five months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 24.10.2017, in which the daughter-in-law of the applicant died in mysterious circumstances. The inquest of the body of the deceased was conducted on 24.10.2017 not on the information of the applicant or any of his family members but on the information given by Sishu Pal Singh the father of the deceased. In the opinion of the panch witnesses, the cause of death of the deceased was said to be homicidal. Post mortem of the body of the deceased was conducted on 24.10.2017. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was asphyxia due to throttling. Apart from the above, seven external ante-mortem injuries were found on the body of the deceased, which are detailed herein below:-
"1. Multiple abrasion of size part over antem side.
2. Brown pullet on Rt side of neck 1.5 x 1 cm left side of size 4cm x 2.5 cm neck dissection of brown echena tissue present
3. Abrasion of size 15 cm x 4 cm on Rt side back of chest
4. Abrasion 2 cm x 3 cm Rt side elbow jaw
5. Abrasion 8 cm x 5 cm Rt side found
6. Abrssion 10 cmx 6 cm Lt side fec
7. Abrasion 5 cm x 18 cm Rt"
The F.I.R. in respect of the aforesaid incident was lodged on 24.10.2017, which was registered as Case Crime No. 0384 of 2017 under Section 498A, 304B, 201 IPC and 3/4 D.P. Act, P.S. Amaanpur, District Kasganj (Kashiram Nagar). In the aforesaid F.I.R., four persons namely, Vimal (husband), Rajan (father-in- law), Guddo Devi (mother-in-law) Rahul (Jeth) were nominated as the accused. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C, submitted a charge-sheet dated 4.1.2018 only against three of the named accused namely Vimal (husband), Rajan (father-in-law), Guddo Devi (mother-in-law) of the deceased. One of the named accused namely Rahul (Jeth) has been excluded. Upon submission of the charge sheet, cognizance has been taken by the Court concerned vide cognizance taking order dated 16.1.2018. According to the learned counsel for the applicant, thereafter the case has been committed to the Court of Sessions. However, he is unable to give the number of the Session Trial.
Learned counsel for the applicant submits that the applicant is the father-in-law of the deceased but he is innocent. He is in jail since 11.12.2017. The applicant has no criminal antecedents to his credit except the present one. Learned counsel for the applicant next contends that the applicant along with his wife was residing separately. To buttress his submission, reliance is placed upon the memorandum of partition, photo copy of which has been brought on record as Annexure-SA1 to the supplementary affidavit. The aforesaid memorandum of partition is dated 10.6.2017, which is subsequent to the date of marriage of the son of the applicant. However, learned counsel for the applicant fairly submits that there is no such material on the basis of which it can be said that the applicant along with his wife was residing in a separate house. Therefore, the said submission does not create any equitable ground for grant of bail to the applicant on that ground. It is then submitted that the deceased was a short tempered lady and on account of the quarrel which took place between the son of the applicant and the deceased, the incident might have taken place. It is lastly contended that the general and omnibus allegations regarding demand of dowry have been made in the F.I.R. It is thus urged that the applicant is innocent and 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 father-in-law of the deceased and is a charge-sheeted accused under section 304 B IPC. As such, presumption is available to the prosecution. Referring to the post mortem report of the deceased, learned A.G.A submits that in the opinion of the Doctor who conducted the autopsy on the body of the deceased, the deceased has died on account of ante-mortem throttling. That apart seven ante- mortem external injuries were also found on the body of the deceased. Referring to the provisions of Section 106 of the Evidence Act, he submits that how these injuries came on the body of the deceased, remain unexplained. It is thus urged that no case for grant of bail is made out and the bail application of the applicant is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicants, the learned A.G.A. for the State and upon perusal of the material brought on the record and the complicity of the applicants 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 applicants 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 :- 29.11.2018 Arshad