Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42587 of 2018 Applicant :- Ram Pyari Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagmohan Singh Counsel for Opposite Party :- G.A.,Sanjay Srivastava
Hon'ble Rajeev Misra,J.
Heard Mr. Jagmohan Singh, learned counsel for the applicant, the learned A.G.A. for the State and Mr. Sanjay Srivastava, learned counsel for the complainant.
Perused the record.
This bail application has been filed by the applicant Ram Pyari, seeking her enlargement on bail in Case Crime No. 139 of 2018 under Sections 498A, 304B IPC and 3/4 D.P. Act, P.S. Malwan, District Fatehpur during the pendency of the trial.
From the record, it appears that the marriage of the son of the applicant namely Vivek Singh was solemnized with Archana Devi on 25.5.2015. After the expiry of a period of two years and eleven months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 17.5.2018, in which the daughter-in-law of the applicant sustained deep and superficial burn injuries. It is the case of the applicant that after the occurrence had taken place, the victim was taken to the District Hospital, Fatehpur, where she was administered first aid and was referred to District Hospital at Kanpur. Accordingly, the victim was got admitted at L.L.R. Hospital Kanpur on 17.5.2018 by the husband. The treatment of the victim continued from 17.5.2018 till 1.6.2018 at the aforesaid hospital. The dying declaration of the victim was recorded on 18.5.2018, which is on the record at page 6 of the supplementary affidavit. The statement of the victim under section 161 Cr.P.C. was recorded on 19.5.2018, which is on the record at page 38 of the paper book. Ultimately, the victim succumbed to her injuries on 1.6.2018. The F.I.R. in respect of the aforesaid incident was lodged on 17.5.2018, which was registered as Case Crime No. 139 of 2018 under Sections 498A, 326, 506 IPC and Section 3/4 D.P. Act, P.S. Malwan, District Fatehpur. In the aforesaid F.I.R., eight persons namely, Vivek Singh (husband), Ram Singh (father-in-law), Ram Pyari (mother-in-law), Brijendra Singh (Jeth), Rama Devi (Jethani), Rishabh Singh (Bhatija), Sima Devi, Meena Devi (Nand) of the deceased were nominated as the named accused. Information of the death of the deceased was given by the ward boy of the hospital to the concerned Police Station. The inquest of the body of the deceased was conducted on 1.6.2018. In the opinion of the Panch witnesses, no definite opinion could be given regarding the cause of death of the deceased. The post mortem of the body of the deceased was conducted on 1.6.2018. The Doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased was shock and septicemia due to ante-mortem burn injuries. The Doctor further noted that the deceased had sustained superficial to deep bone burn injuries all over the body except the whole of the back and left top of the shoulder. Thereafter the Investigating Officer on 5.6.2019 converted the case under section 304 B IPC. Accordingly, the charge-sheet dated 25.9.2018 was submitted against the husband, father-in-law and the mother-in-law of the deceased under section 498A, 304B IPC and Section 3/4 D.P. Act. Learned counsel for the applicant orally submits that subsequent to the submission of the charge sheet, cognizance has been taken by the Court concerned and thereafter the case was committed to the Court of sessions. However, he is unable to take details of the same.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased but she is innocent. The applicant is in jail since 13.7.2018. The applicant has no criminal antecedents to her credit except the present one. The deceased had died on account of accidental fire and not on account of any deliberate act of applicant. It is further submitted that the applicant was residing separately from the family of the deceased and in support thereof, reliance is placed upon the Adhar Card of the deceased, photo copy of which is Annexure-
3 to the affidavit. On the basis of the Adhar Card of the applicant, it is urged that the place of occurrence is situate 12 kms. away from the residence of the applicant and therefore the applicant cannot be said to have even abetted in the commission of the crime. On the aforesaid factual premise, it is urged that the present applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. and learned counsel for the complainant namely Sanjay Srivastava have opposed the prayer for bail. They have invited the attention of the Court to the dying declaration of the deceased dated 18.5.2018, photo Copy of which is on the record as Annexure- SA1 to the supplementary affidavit filed by the learned counsel for the applicant today in Court. Inviting the attention of the Court to the contents of the dying declaration, it is urged that the deceased has specifically nominated the present applicant in the commission of Crime, inasmuch as the act of pouring kerosene has specifically been assigned to the present applicant. The dying declaration has further been supported by the statement of the deceased recorded by the Investigating Officer under section 161 Cr.P.C. on 19.5.2018. It is next submitted that the deceased is the daughter-in-law of the applicant and there is no such material up to this stage on the basis of which the post- mortem report as well as dying declaration or the statement of the deceased recorded under section 161 Cr.P.C. could be doubted or lead to infer that the death of the deceased has occurred on account of accidental fire. On the aforesaid factual premise, it is urged that 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 the learned counsel for the complainant and 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 :- 27.11.2018 Arshad