Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45453 of 2018 Applicant :- Smt. Rajeshwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Mathur Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Manoj Kumar Mathur, the learned counsel for the applicant, the learned A.G.A. for the State.
This application for bail has been filed by the applicant Smt. Rajeshwari seeking her enlargement on bail in Case Crime No.
340 of 2018, under Sections 498-A, 323, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Chandausi, District Sambhal during the pendency of the trial.
From the record, it transpires that the marriage of the son of the applicant namely Shintoo was solemnized with Geeta on 14.6.2017. Even before the expiry of a period of one year from the date of marriage of the son of the applicant, an unfortunate incident occurred on 4.6.2018, in which the daughter-in-law of the applicant sustained burn injuries. It is the case of the applicant that immediately after the happening of the occurrence, the victim was taken to Chandausi Government Hospital, where she was administered first aid and referred to the Government Hospital, Moradabad. While the applicant and others were taking the victim to the Government Hospital, Moradabad, the victim succumbed to her injuries. The inquest of the body of the deceased was conducted on 5.6.2018 not on the information given by the present applicant or any of her family members, but on the information given by Rajpal Singh, the relative of the deceased (mama). In the opinion of the Panch witnesses, the death of the deceased was characterized as homicidal. The postmortem of the body of the deceased was conducted on 5.6.2018. Apart from the above, the doctor, who conducted the autopsy on the body of the deceased, opined that the deceased had died on account of asphyxia as a result of ante mortem burn injuries. The Doctor further found the presence of kerosene smell all over the body at the time of the post mortem of body of the deceased. The first information report in respect of the aforesaid incident was lodged on 5.6.2018 by Rajpal Singh, the mama of the deceased and the same was registered as Case Crime No. 340 of 2018, under Sections 498-A, 323, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Chandausi, District Bheem Nagar. In the aforesaid first information report, four persons, namely, Shintoo the husband Chandrasen the father-in-law, Rajeshwari, the mother-in-law, the applicant herein and Rinkoo, the devar of the deceased were nominated as the named accused. The Police, upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C has submitted a charge-sheet dated 28.7.2018 against three of the named accused. The devar of the deceased has been excluded. Upon the submission of the charge sheet dated 28.7.2018, cognizance has been taken by the Court concerned, vide cognizance taking order dated 1.9.2018. According to the learned counsel for the applicant, the case has not yet been committed to the Court of Sessions.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased. The applicant is aged about 46 years and is in jail since 5.6.2018. The applicant has no criminal antecedents to her credit except the present one. It is thus submitted that subsequent to the marriage of the son of the applicant with the deceased, the applicant along with her husband were residing separably along with her younger son. It is thus urged that since the applicant was residing separately, the applicant had no role to play in the family life of the deceased. To buttress his submission, he has relied upon the extract of the family register. It is thus urged that the applicant is liable to be enlarged on bail.
Per contra, learned A.G.A. has opposed the prayer for bail. He submits that the applicant is a charge sheeted accused under section 304 B IPC and therefore presumption is available to the prosecution. The incident has occurred even before the expiry of the period of one year from the date of marriage. The circumstance in which the daughter-in-law of the applicant has died is highly unnatural. The doctor, who conducted autopsy on the body of the deceased opined that the deceased had sustained burn injuries all over the body of the deceased and the presence of smell of kerosene was also found on the body of the deceased. According to the learned A.G.A., aforesaid remains unexplained upto this stage.
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 evidence brought on record as well as the complicity of the applicant but without commenting 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 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 one year 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 HSM