Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4549 of 2018 Applicant :- Sanjai @ Amit Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
In compliance with the order dated 07.02.2018, learned AGA has filed an affidavit on behalf of the State annexing therewith a copy of the report from the Forensic Science Laboratory, U.P., Lucknow dated 20.02.2018 annexed as Annexure-1 to the same is taken on record.
This is an application for bail filed on behalf of Sanjai @ Amit Kumar in Case Crime No.400 of 2017, under Sections 498A, 304B, 323, 294 I.P.C. and 3/4 D.P. Act, P.S. Gajner, District Kanpur Dehat.
Heard Sri Prashant Kumar Singh, learned counsel for the applicant, Sri Uttam Singh, learned counsel for the complainant and Sri Indrajeet Singh Yadav alongwith Sri Vivek Duvey, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that he has been implicated in the present case falsely on account of the fact alone that he is the husband; that there was no demand of dowry or cruelty in connection with dowry demand immediately before the occurrence so as to attract the provisions of Section 304B I.P.C.; that it is submitted in one part that the deceased met a natural death as she was suffering from abdominal diseases and was being managed by different doctors as per particulars set out in paragraphs 17, 18, 19 & 20 of the affidavit in support of the bail application; that she died on account of natural causes of which due information was communicated to the informant by the applicant as asserted in paragraph 21 of the affidavit; that it is submitted that a perusal of the post-mortem report would show that there were masses developed over the spleen which converted into subcapsular haemotima which ruptured resulting in death which has been misreported as unnatural death; that it is further argued in the second part that it is a case of an insect bite which is apparent from the reference slip of S.H.C., Akbarpur-Mati, Kanpur Dehat where the provisional diagnosis is suspected insect bite, the documents being placed at page 63 of the paper-book; and, that the applicant is a respectable man with no criminal history who is in jail since 22.09.2017.
This Court vide order dated 07.02.2018 noticing the submission of the learned counsel for the applicant that it is a suspected case of insect bite as per the reference slip from S.H.C. above referred required submission of viscera report pending for long to be expedited and made available to this Court from the concerned F.S.L.
Today a counter affidavit has been filed on behalf of the State annexing therewith a copy of the viscera report relative to the instant crime dated 20.02.2018 which shows that in the specimen of viscera preserved (1 to 5) disclose aluminium phasphide poison.
Learned AGA has opposed the prayer for bail with the submission that it is case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. He further submits that from a perusal of the viscera report from the F.S.L. available there is absolutely no doubt that death was not a natural one or one due to insect bite.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, the evidence appearing in the case, the relationship of the applicant to the deceased who is the husband but without expressing any opinion on merits, this Court does not find it to be a fit case for bail at this stage.
The bail application, accordingly, rejected at this stage.
It is submitted by the learned counsel for the applicant that the case has yet not been committed.
The Magistrate concerned is directed to commit the case within 15 days positively from the date of communication of a certified copy of this order which the office will forthwith forward to the Magistrate concerned through Chief Judicial Magistrate, Kanpur Dehat.
The trial court from the date of committal will proceed with and conclude the trial within a period of six months next from the date of receipt of certified copy of this order in accordance with Section 309 Cr.P.C. and in view of principle laid down in the recent judgment of Hon'ble Supreme Court in the case of Vinod Kumar V. State of Punjab reported in 2015 (3) SCC 220, if there is no legal impediment.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence positively.
Let a copy of the order be certified to the court concerned for strict compliance.
Order Date :- 22.2.2018 Shahroz