Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45405 of 2018 Applicant :- Ram Naresh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Dular Patel Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ram Dular Patel, the learned counsel for the applicant and the learned A.G.A. for the State.
Perused the record.
This application for bail has been filed by the applicant Ram Naresh seeking his enlargement on bail in Case Crime No. 0214 of 2018 under Sections 498-A, 304B I.P.C. and Sections 3/4 D.P. Act, Police Station Bela, District Auraiya, during the pendency of the trial.
It transpires from the record that the marriage of the son of the applicant, namely, Mulayam was solemnized with Sandhya on 6th July, 2017. Just after the expiry of a period of one year and one month from the date of marriage of the son of the applicant, an unfortunate incident occurred on 22nd July, 2018 on account of which the daughter-in-law of the applicant sustained burn injuries. It is the case of the applicant that immediately, thereafter the victim i.e. the daughter-in-law of the applicant, namely, Sandhya died on account of superficial and deep burn injuries. According to the learned counsel for the applicant, no inquest of the body of the deceased was conducted. A first information report in respect of the aforesaid incident was lodged on 23rd July, 2018 by the father of the deceased, namely, Ram Nath, which was registered as Case Crime No. 0214 of 2018 under Sections 498-A, 304B I.P.C. and Sections 3/4 D.P. Act, Police Station Bela, District Auraiya. In the aforesaid first information report, three persons, namely, Mulayam-the husband, Ram Naresh-the father-in-law and Jamuna Devi-the mother-in-law of the deceased were nominated as the named accused. The postmortem of the body of the deceased was conducted on 23rd July, 2018. Consequently, the Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was Shock due to ante-mortem burn injuries. The Doctor has further noted "superficial to deep burn present all over body of the deceased, except scalp, hair and palms of hand and feet. Skin become black & charred. Skin peeled off at places. Smell of kerosene oil present at body.". Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter-XII Cr.P.C., the Police submitted the charge-sheet dated 15th October, 2018 against the husband and father-in- law of the deceased. However, mother-in-law of the deceased has been excluded. What has happened subsequent to the submission of the aforesaid charge- sheet dated 15th October, 2018 has neither been detailed in the affidavit accompanying the present bail application nor the same has been disclosed either by the learned counsel for the applicant or the learned A.G.A. at the time of hearing of the present bail application.
The learned counsel for the applicant submits that the applicant is the father-in-law of the deceased, but the applicant is innocent. The applicant is in jail since 24th July, 2018. The applicant has no criminal antecedents to his credit except the present one. Inviting the attention of the Court to the post-mortem report of the deceased, the learned counsel for the applicant submits that the deceased had committed self immolation as she was not satisfied with the conduct of her husband. It is, thus, urged that the present applicant cannot be said to have even abetted in the commission of the alleged crime. Accordingly, it is submitted that the applicant being the father-in-law of the deceased is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the present application for bail. He submits that the applicant is a charge-sheeted accused under Section 304-B I.P.C. also. Referring to the post-mortem report of the deceased, particularly the note made by the Doctor, it is urged that the ante-mortem burn injuries were found on the body of the deceased. He submits that from the nature of the injuries found on the body of the deceased the death of the deceased appears to be homicidal and not suicidal. The Doctor has also noted that smell of kerosene was present on the body of the deceased. Further referring to the site plan, he submits that the deceased has died in a bed room and therefore, it is not a case of an accidental fire. It is, thus urged by the learned A.G.A. that the present application for bail does not merit any indulgence of this Court and therefore, the same is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the evidence brought on record as well as considering the complicity of the accused, 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.
It is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within a period of one year, provided the applicant would render all necessary co-operation in early conclusion of the trial.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
(Rajeev Misra, J.) Order Date :- 28.11.2018 Sushil/-