Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45419 of 2018 Applicant :- Ram Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Narayan Gupta Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. S.N. Gupta, the learned counsel for the applicant and the learned A.G.A. for the State.
2. This application for bail has been filed by the applicant- Ram Pal seeking his enlargement on bail in S.T. No. 749 of 2018 (State Vs. Ram Pal and others), arising out of Case Crime No. 212 of 2018, under Sections 498-A, 304-B, 201 I.P.C. and Sections 3/4 D.P. Act, Police Station-Mehrauni, District-Lalitpur during the pendency of the above mentioned trial.
3. From the record, it appears that the marriage of the applicant was solemnized with Uttara on 13.3.2015 in accordance with the Hindu Rites and Customs. However, no issue is said to be born from the wedlock of the applicant with Uttara. After the expiry of a period of three years and three months from the date of the marriage of the applicant, an unfortunate incident occurred in the night of 29/30.6.2018, in which the wife of the applicant died as she committed suicide by drowning herself. The inquest of the body of the deceased was performed on the next date i.e. 30.6.2018 on the information given by Shiv Raj Singh Lodhi, the father of the applicant. In the opinion of the Panch witnesses, no definite opinion could be given regarding the nature of the death of the deceased. The first information report in respect of the aforesaid incident was lodged two days after the occurrence i.e. on 1.7.2018 by the father of the deceased namely Aman Singh, which was registered as Case Crime No. 0212 of 2018, under section 498A, 304 B, 201 IPC and section 3/4 Dowry Prohibition Act, Police Station Mahrauni, District Lalitpur.
4. In the aforesaid F.I.R., four persons, namely, Ram Pal (the husband), Shiv Raj (the father-in-law), Smt. Panwai, (the mother-in-law) and Gabbar,, (the Jeth) of deceased were nominated as named accused. The post-mortem of the body of the deceased was conducted prior to the lodging of the F.I.R. i.e. on 30.06.2018. The Doctor, who conducted the autopsy on the body of the deceased, opined that the cause of the death of the deceased was on account of asphyxia as a result of ante-mortem drowning. No external ante-mortem injury was found on the body of the deceased. 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 17.8.2018 against all the named accused. Upon submission of the aforesaid charge-sheet, cognizance was taken upon the same by the court concerned and thereafter, the case was committed to the Court of Sessions. Accordingly, Sessions Trial No. 149 of 2018 (State Vs. Ram Pal and others) came to be registered and is now said to be pending.
5. Learned counsel for the applicant submits that the applicant is the husband of the deceased, but he is innocent. The applicant is in Jail since 03.07.2018. The applicant has no criminal antecedents to his credit except the present one. It is next contended that from the wedlock of the applicant and the deceased no issues were born and on account of the aforesaid, the deceased was under depression. It was under the aforesaid state of depression that the deceased has committed suicide. There is nothing on the record upto this stage to show that the applicant has even abetted in the commission of the alleged crime. It is also submitted that general and omnibus allegations have been made in the F.I.R. regarding the demand of dowry. On the aforesaid factual premise, it is thus urged that even though the applicant is the husband of the deceased, he is liable to be enlarged on bail.
6. Per contra, the learned AGA has opposed the prayer for bail. Learned A.G.A. submits that the applicant is the husband of the deceased and the wife of the applicant has died within three years and three months from the date of marriage in her matrimonial house. As such, presumption is available to the prosecution. The burden is upon the applicant himself to explain as to why and how the occurrence took place, for which there is no explanation upto this stage. It is, thus, urged that the bail application of the applicant does not deserve any sympathy of this Court and therefore, the same is liable to be rejected.
7. Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the material brought on record and considering the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the applicant is hereby rejected.
8. However, at this stage, it is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within one year provided the applicant would render all necessary co-operation in early conclusion of the trial.
9. Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 28.11.2018 HSM