Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40750 of 2018 Applicant :- Samarjeet Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Kumar Rathore,Ram Gopal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rakesh Kumar Rathore, learned counsel for the applicant and the learned A.G.A. for the State.
This bail application has been filed by the applicant Samarjeet Singh, seeking his enlargement on bail in Case Crime No. 132 of 2018 under Sections 498A, 304B, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Shankargarh, District- Allahabad.
From the record, it appears that the marriage of the son of the applicant, namely, Manoj was solemnized with Priyanka on 16.02.2017 in accordance with the Hindu Rites and Customs. Just after the expiry of a period of one year and three months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 04.06.2018, in which the daughter-in-law of the applicant died on account of superficial and deep burn injuries all over the body. The inquest of the body of the deceased was conducted on 05.06.2018 not on the information given by the applicant or any of his family members but by the father of the deceased. In the opinion of the Panch witnesses, the death of the deceased was homicidal. The F.I.R., in respect of the aforesaid incident, was lodged on 08.06.2018 by the father of the deceased, which was registered as Case Crime No. 0132 of 2018 under Sections 498A, 304B, 201 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Shankargarh, District-Allahabad. In the aforesaid F.I.R., seven persons, namely, Manoj Singh (husband), Bheem Singh and Arjun Singh (brothers-in-law of the deceased), Samarjeet Singh (father-in-law), Mother-in-law, Jethani and Sandhya, (the relative of the husband of the deceased), were nominated as the named accused. The post mortem of the deceased was conducted on 05.06.2018. 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 extensive ante mortem burn injuries. The doctor has further noted that there was deep burn all over the body except both soles. The police, upon completion of the statutory investigation of the aforesaid case crime number, has submitted a charge sheet dated 15.08.2018 against the husband, namely, Manoj Singh and Samarjeet Singh father-in-law of the deceased i.e. the applicant herein. What has happened subsequent to the submission of the charge sheet, has not been detailed in the affidavit accompanying the bail application.
Learned counsel for the applicant submits that the applicant is an old man and aged about 62 years. The applicant is innocent as he is having no criminal antecedents to his credit except the present one. The applicant is in jail since 19.07.2018. It is further submitted that the deceased was a short tempered lady and on account of some quarrel which might have taken place between the husband and the wife, the deceased has immolated herself. On the aforesaid factual premise, it is urged that the applicant is liable to be released on bail.
Per contra the learned A.G.A. has opposed the prayer for bail and he submits that the occurrence has taken place just after the expiry of a period of one year and three months from the date of marriage of the son of the applicant. He also stated that the deceased has received 100% burn injuries and the place of occurrence is the bedroom of the deceased. The occurrence remains explained by the applicant up to this stage. As the occurrence has taken place in the house of the applicant, therefore, the applicant is under a heavy burden to explain the circumstances in which the incident has occurred. Consequently, it is vehemently urged that no case for 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 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 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.
Accordingly, the bail application of the applicant stands rejected.
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.
Office is directed to communicate the copy of this order forthwith to concerned court for necessary compliance.
Order Date :- 26.10.2018 Rahul.