Heard Mr. Rajendra Singh Chauhan, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Ram Chanda Nishad, seeking his enlargement on bail in Case Crime No. 0073 of 2018 under Sections 498A, 304B, 316 IPC and 3/4 D.P. Act, P.S. Tindawari, District Banda during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant namely Ashok Nishad was solemnized with Arti Nishad on 29.4.2017 in accordance with Hindu Rites and Customs. After the expiry of a period of one year and seven days from the date of marriage of the son of the applicant, an unfortunate incident occurred on 6.5.2018, in which the daughter-in-law of the applicant consumed some poisionous substance. It is the case of the present applicant that immediately after the ocurence, the victim was rushed to Lajpath Rai Hospital, Kanpur where she underwent treatment from 6.5.2018 to 12.5.2018. Ultimately, the victim succumbed to the poisionous substance consumed by her on 12.5.2018 at the aforesaid hospital. The information regarding the death of the deceased was given by ward boy namely, Ashfaq of the aforesaid hospital at the concerned Police Station, on the basis of which the the inquest of deceased was held In the opinion of the Panch witnesses, the death of the deceased was characterized as suicidal. The post mortem of the body of the deceased was conducted on 12.5.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that no definite opinion can be given regarding the cause of death of the deceased. Accordinlgy, the viscera was preserved. However, no external ante-mortem injuries were found on the body of the deceased.
The F.I.R. in respect of the aforesaid incident was lodged on 13.5.2018 by Shiv Kumar Nishad the father of the deceased, which was registered as Case Crime No. 0073 of 2018 under Sections 498A, 304B, 316 IPC and 3/4 D.P. Act, P.S. Tindawari, District Banda. In the aforesaid F.I.R., five persons namely, Ashok Kumar Nishad (husband), Ramchandra Nishad (father-in-law), Birmati (mother-in-law), Lalita (Nand), were nominated as the named accused. The Police upon completion of the statutory investigation of the aforesaid case crime number, submitted a charge-sheet dated 17.8.2018 only against two of the named accused i.e. the husband and the father-in-law of the deceased. What has happended subsequent to the charge sheet dated 17.8.2018, has not been detailed in the affidavit, accompanying the bail application or in the supplementary affidavit filed in Court today nor the same has been disclosed by the learned cousnel for the applicant at the time of hearing of the present bail application. The Chief Chemical Analyst has submitted the viscera report dated 7.12.2018, in which it has been stated that a foreign chemical compound namely, parafenail die amonia was found in the samples of the body of the deceased.
Learned counsel for the applicant submits that the applicant is the father-in-law of the deceased but he is innocent. On the strength of the averments made in paragraph 13 of the affidavit, learned counsel for the applicant submits that the applicant is an old man aged about 60 years. The same has not been disputed by learned A.G.A. The applicant is in jail since 25.5.2018. The applicant has no criminal antecedents to his credit except the present one. It is then submitted that the applicant is residing separately from the family of the deceased. To lend support to the aforesaid submission, reliance is placed upon the certificate issued by the Pradhan of the village, which has been brought on record as Annexue-SA-1 to the supplementary affidavit filed today in Court. It is next submitted that the deceased was a short tempered lady and she has taken the extreme step of committing suicide by consuming some poisonous substance, which is parafenail die amonia. The absence of any external ante mortem injury on the body of the deceased speaks of the bonafide of the present applicant. Since the applicant is residing separately from the family of the deceased, the applicant has no role to play in the married life of the deceased.
Per contra, the learned A.G.A. has opposed the prayer for bail. However, he could not dispute the factual and legal submissions raised by the learned counsel for the applicant.
Having heard the learned counsel for the applicant and the learned A.G.A. for the State and upon perusal of the material brought on record as well as the complicity of the applicant and without making any comment on the merits of the case, I find that applicant has made out a case for bail.
Let the applicant Ram Chanda Nishad, 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/SHE 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/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER 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/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(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 THE HIM/HER 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/her 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 :- 21.12.2018 Arshad