Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49205 of 2018 Applicant :- Smt. Rukhsana Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajeev Sisodia, the learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
This application for bail has been filed by the applicant Smt. Rukhsana seeking her enlargement on bail in S.T. No. 19 of 2018 (State Vs. Rukhsana) pending in the Court of District Judge, Shamli, arising out of Case Crime No. 360 of 2017, in Case Crime No. 983 of 2017, under Sections 498-A, 304-B I.P.C., Police Station Kairana, District Shamli, during the pendency of the trial.
It transpires from the record that the marriage of the applicant namely Istakhar was solemnized with Najarana on 15.5.2018.Just after expiry of a period of 11months from the date of marriage of the applicant, an unfortunate incident occurred on 17.4.2017, in which the daughter-in-law of the applicant sustained deep burn injuries. It is the case of the applicant that immediately after the incident, the victim was rushed to Safdarjang Hospital along with her elder son. The victim was under treatment at the aforesaid hospital from 17.4.2017 to 15.5.2017. In the hospital, the statement of the victim was recorded on 17.4.2017, in which she has clearly implicated the present applicant for the incident which occurred on 17.4.2017. Ultimately, the victim succumbed to burn injuries sustained by her on 15.5.2017. The post mortem of the body of the deceased was conducted on 15.5.2017. The doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death was Septicaemia caused by 85% ante mortem thermal burn injuries. The doctor described the ante-mortem external burn injuries found on the body of the deceased as follows:-
Epidermal to dermo-epidermal burn injuries present over body except head, right side of face right upper arm on front at places, Upper back at places, line of redness present at places, erythema at places, blackening at places and singeing present on axillary hair, pubic hair, Yellowish Green mucopurulent slough present at places. Approximate percentage of burn surface area is 85%.
The F.I.R. in respect of the aforesaid incident was lodged prior to the death of the deceased on 20.4.2017 by Liyaqat, father of the deceased, which was registered as Case Crime No. 360 of 2017, in Case Crime No. 983 of 2017, under Sections 498-A, 304-B I.P.C., Police Station Kairana, District Shamli. In the aforesaid first information report, three persons, namely, Istakar the husband, Vakil the father-in-law and Rukhsana, mother-in- law of the deceased were nominated as the named accused. On account of the death of the victim the case was converted under section 304 B I.P.C. 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 14.10.2017 only against the present applicant, rest of the two named accused have been excluded. Upon submission of the charge sheet dated 14.10.2017, cognizance has been taken by the Court concerned, vide cognizance taking order dated 09.11.2017. Thereafter, the case was committed to the Court of Sessions. Accordingly, S.T. No. 19 of 2018 (State Vs. Rukhsana) came to be registered, which is now said to be pending in the Court of District and Sessions Judge, Shamli. On date, five witnesses of fact P.W. 1 Liyaqat, P.W. 2 Abid, P.W. 3 Mehardin, P.W. 4 Shahjad and P.W. 5 have been examined.
Learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased. The applicant is an old lady aged about 65 years. The applicant is in jail since 23.9.2017 As such she has undergone 11 months of incarceration. The applicant has no criminal antecedents to her credit except the present one. The applicant has been falsely implicated, as the applicant alone was residing at home and husband and father- in-law of the deceased were working outside. The bona fide of the applicant is explicit from the fact that immediately after the occurrence took place, it was the applicant along with jeth of the deceased who had taken the victim to the hospital where she underwent treatment from 17.4.2017 to 15.5.2017. It is then submitted that all the five prosecution witnesses of fact have have not supported the prosecution case as enumerated in the F.I.R. On the aforesaid factual premises, it is urged that the present applicant is liable to be enlarged on bail.
Per contra, learned A.G.A has opposed the prayer for bail. He submits that the deceased was a young girl aged about 21 years and she has died just after 11 months from the date of her marriage at her matrimonial home. Thus, the death of the deceased is highly unnatural. The deceased in her dying declaration recorded on 17.4.2017 has clearly implicated the present applicant. On the aforesaid factual premises, it is thus urged that burden under section 106 of the Indian Evidence Act or under Section 113-B of the Evidence Act regarding the manner of occurrence and the cause of occurrence are required to be discharged which have not been discharged by the applicant.
Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State and upon perusal of the evidence brought on record as well as the complicity of the applicant 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.
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 :- 21.12.2018 HSM