Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45445 of 2018 Applicant :- Smt. Sampat Devi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar,Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sushil Kumar, the learned counsel for the applicant and the learned A.G.A. for the State.
Perused the record.
This application for bail has been filed by the applicant Smt. Sampat Devi seeking her enlargement on bail in Case Crime No. 0050 of 2018 under Sections 498-A, 304B I.P.C. and Sections 3/4 D.P. Act, Police Station Kamasin, District Banda during the pendency of the trial.
It transpires from the record that the marriage of the son of the applicant, namely, Janki Sharan was solemnized with Janki Devi on 9th June, 2013. Just after the expiry of a period of five years from the date of marriage of the son of the applicant, an unfortunate incident occurred on 17th June, 2018 on account of which the daughter-in-law of the applicant died as she had sustained burn injuries. The inquest of the body of the deceased was performed on 17th June, 2018 on the information given by the husband of the deceased. According to the Panch witnesses, the death of the deceased could be due to burn injuries, but no definite opinion could be given. The post-mortem of the body of the deceased was conducted on 18th June, 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 ante-mortem burn injuries. The Doctor further noted 100% deep burn injuries all over the body of the deceased. Line and redness were present. Vascular and tensil fluid of flames were also present. A first information report in respect of the aforesaid incident was lodged on 17th June, 2018 by the father of the deceased, namely, Gaya Prasad Lodhi, which was registered as Case Crime No. 0050 of 2018 under Sections 498-A, 304B I.P.C. and Sections 3/4 D.P. Act, Police Station Kamasin, District Banda. In the aforesaid first information report, four persons, namely, Janki Sharan-the husband, Ram Sharan- the father-in-law, Smt. Sampat Devi-the mother-in-law i.e. the present applicant and Chhotu-Devar of the deceased were nominated as the named accused. Upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter-XII Cr.P.C., the Police submitted the charge-sheet dated 10th September, 2018. Upon submission of the aforesaid charge-sheet dated 10th September, 2018, cognizance was taken by the court concerned vide Cognizance Taking Order dated 18th October, 2018. What has happened subsequent to the passing of the aforesaid Cognizance Taking Order dated 18th October, 2018 has neither been detailed in the affidavit accompanying the present bail application nor the same has been disclosed either by the learned counsel for the applicant or the learned A.G.A. at the time of hearing of the present bail application.
The learned counsel for the applicant submits that the applicant is the mother-in-law of the deceased, but the applicant is innocent. She is an old lady aged about 58 years. The applicant is in jail since 17th August, 2018. The applicant has no criminal antecedents to her credit except the present one. It is next contended that the deceased was a short tempered lady and has taken the extreme step of self immolation. The incident has occurred on account of some quarrel of the deceased with the husband. The applicant has no role to play in the family life of her son. It is, thus, urged that the present applicant cannot be said to have even abetted in the commission of the alleged crime. Accordingly, it is submitted that the applicant being the mother-in-law of the deceased is liable to be enlarged on bail.
Per contra, the learned A.G.A. has opposed the present application for bail. He submits that the applicant is a charge-sheeted accused under Section 304-B I.P.C. also. Referring to the post-mortem report of the deceased, he submits that from the nature of the injuries found on the body of the deceased, the death of the deceased appears to be homicidal and not suicidal. Smell of kerosene was not found on the body of the deceased by the doctor who conducted the post-mortem. Further referring to the site plan, he submits that the deceased has died in a room, where straw was kept. Therefore, the death of the deceased prima facie appears to be homicidal. The learned A.G.A. further submits that the the occurrence has taken place not only within seven years of marriage of the son of the applicant, but also in the house of the present applicant and therefore, the burden is upon the present applicant himself to explain the same in terms of Section 106 of the Indian Evidence Act. The deceased is the daughter-in-law of the applicant and she has died on account of burn injuries sustained by her all over body. The applicant has, however, failed to discharge her burden upto this stage. On the cumulative strength of the aforesaid submissions, it is urged by the learned A.G.A. that the present bail application of the applicant is liable to be rejected.
Having considered the submissions made by the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the evidence brought on record as well as upon consideration of the complicity of the accused, 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.
It is expected from the learned trial court to gear up the trial and make necessary endeavour to conclude the same within a period of 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.
(Rajeev Misra, J.) Order Date :- 28.11.2018 Sushil/-