Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42429 of 2018 Applicant :- Ramesh Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Prakash Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Anand Prakash Dubey, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Ramesh Singh, seeking his enlargement on bail in Case Crime No. 352 of 2017 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Transport Nagar, District Meerut during the pendency of the trial.
From the record, it appears that the marriage of the applicant was solemnized with Rubi on 28.2.2017. After the expiry of a period of three months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 11.5.2017, in which the wife of the applicant died. The information regarding the aforesaid incident was given by one Dinesh at the concerned police station, which was entered in the general diary vide G.D. entry No. 47 at 5:02 pm. The inquest of the deceased was conducted on 11.5.2017 on the basis of the information received by the Police Control Room from one Dinesh Kumar. In the opinion of the panch witnesses, the death of the deceased was said to be on account of ailment. Post mortem of the body of the deceased was conducted on 11.5.2017. The Doctor, who conducted the autopsy on the body of the deceased opined that no definite opinion could be given regarding the cause of death of the deceased. Accordingly, the viscera was preserved. The Doctor however detailed the ante-mortem injuries found on the body of the deceased, which are at page 34 A of the paper book.
The F.I.R. in respect of the aforesaid incident was lodged on 20.5.2017 by Hukum Singh the father of the deceased, which was registered as Case Crime No. 352 of 2017 under Sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Transport Nagar, District Meerut. In the aforesaid F.I.R., three persons namely, Ramesh Singh (husband), Bhabhi of the husband and nand of the deceased were nominated as the accused. The Chief Chemical Analyst submitted the viscera report dated 3.2.2018, in which it has been submitted that no foreign chemical compound has been found in the samples of the body of the deceased. Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C, the Police submitted a charge-sheet dated 15.9.2018 only against the husband. What has happened subsequent to the submission of the charge sheet dated 15.9.2018 has not been detailed in the affidavit accompanying the bail application nor the same has been disclosed at the time of hearing of the present bail application, by the learned counsel for the applicant.
Learned counsel for the applicant submits that the applicant is the husband of the deceased. However, the applicant is innocent. He is in jail since 2.9.2018. The applicant has no criminal antecedents to his credit except the present one. Referring to the viscera report of the deceased, he submits that as no foreign chemical compound has been found in the samples of the body of the deceased, no case of poisoning can be said to be in existence. Similarly there is absence of such external ante-mortem injury on the body of the deceased, which can be said to be fatal, clearly establish the bonafide of the present applicant. He, thus submits that the present applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the prayer for bail. The deceased was a young lady aged about 21 years and she had died just after three months from the date of her marriage at her marital home. As such, the death of the deceased is highly unnatural. The applicant is charge sheeted accused under section 304 B IPC also. As such, presumption is available to the prosecution. However, the applicant has not discharged the said burden up to this stage. It is thus urged that no case for grant of bail is made out and 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 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 :- 20.12.2018 Arshad