Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48781 of 2018 Applicant :- Sanjay Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shyam Sunder Mishra, the learned counsel for the applicant and the learned A.G.A. for the State.
Perused the material on record.
This bail application has been filed by the applicant Sanjay, seeking his enlargement on bail in Case Crime No.
79 of 2018 under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Hussainganj, District Fatehpur during the pendency of trial in the above mentioned case crime number.
From the record, it appears that the marriage of the brother of the applicant, namely, Raju was solemnized with Somwati, the Bhabhi of the applicant on 22nd April, 2016. However, before expiry of a period of two years from the date of marriage, an unfortunate incident occurred on 20th April, 2018, in which the Bhabhi of the applicant, namely, Somwati died. A first information report in respect of the aforesaid incident was lodged on 24th April, 2018 by Shivcharan the brother of the deceased. The same came to be registered as Case Crime No. Case Crime No. 0079 of 2018 under Sections 498-A,304-B I.P.C. and Section 3/4 D.P. Act, Police Station- Hussainganj, District Fatehpur. In the aforesaid first information report, four persons were nominated as the named accused, namely, the husband Raju, mother-in-law, the father-in-law and Devar of the deceased the applicant herein. Thereafter the body of the deceased was sent for post mortem. The doctor, who conducted the autopsy on the body of the deceased opined that the cause of death of the deceased is asphyxia due to ante-mortem hanging. No other external injuries have been found by the Doctor on the body of the deceased. Pursuant to the aforesaid first information report, the Police completed the statutory investigation of the above mentioned case crime number in terms of Chapter XII Cr.P.C. and ultimately submitted a charge-sheet dated 16th June, 2018 against all the accused named in the first information report under the Sections mentioned in the first information report. Upon submission of the charge- sheet, cognizance has been taken by the court concerned on 4th July, 2018. However, what has happened subsequent to the submission of the charge-sheet has not been stated in the affidavit filed in support of the bail application, nor the same has been disclosed by the learned counsel for the applicant at the time of hearing of the present bail application.
Mr. Shyam Sunder Mishra, learned counsel for the applicant submits that the since the occurrence has taken place within seven years of marriage, the presumption arising out of an offence under Section 304-B I.P.C. is standing against the applicant. However, the applicant is innocent. The deceased i.e. the Bhabhi of the applicant was a short tempered lady and on account of a quarrel with her husband, she has taken the extreme step of committing suicide by hanging herself. It is further submitted that no external ante-mortem injuries have been found on the body of the deceased. As such, it cannot be said that the applicant has committed any such act forcing the deceased to take extreme step to commit suicide. The allegations made in the first information report regarding demand of dowry are concocted as prior to the lodging of the first information report dated 24th April, 2018, no complaint in that regard was ever made. The applicant has no criminal antecedents to his credit except the present case. The applicant is in jail since 12.11.2018. It is, thus, urged that the applicant is liable to be released on bail. The co- accused Smt. Bitan- the mother-in-law of the deceased has already been enlarged on bail by this Court vide order dated 12.10.2018. The case of the present applicant is similar and identical to that of the co-accused.
Per contra, the learned A.G.A. for the Sate has opposed the prayer for bail of the present applicant. However, the learned A.G.A. for the State could not dispute the factual and legal submissions made by the learned counsel for the applicant.
Considering the submissions made by learned counsel for the applicant, the learned A.G.A., the learned counsel appearing for the complainant and upon perusal of the material brought on record but without commenting on the merits of the case, the applicant has made out a case for grant of bail. The bail application is, accordingly, allowed.
In view of the above, let the applicant- Sanjay be released on bail in Case Crime No. 79 of 2018 under Sections 498- A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Hussainganj, District Fatehpur on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court with the following conditions:-
(i) THE APPLICANT SHALL FILE AN UNDERTAKING TO THE EFFECT THAT HE/SHE SHALL NOT SEEK ANY ADJOURNMENT ON THE DATE FIXED FOR EVIDENCE WHEN THE WITNESSES ARE PRESENT IN COURT. IN CASE OF DEFAULT OF THIS CONDITION, IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT IT AS ABUSE OF LIBERTY OF BAIL AND PASS ORDERS IN ACCORDANCE WITH LAW.
(ii) THE APPLICANT SHALL REMAIN PRESENT BEFORE THE TRIAL COURT ON EACH DATE FIXED, EITHER PERSONALLY OR THROUGH HIS/HER COUNSEL. IN CASE OF HIS/HER ABSENCE, WITHOUT SUFFICIENT CAUSE, THE TRIAL COURT MAY PROCEED AGAINST HIM/HER UNDER SECTION 229-A IPC.
(iii) IN CASE, THE APPLICANT MISUSES THE LIBERTY OF BAIL DURING TRIAL AND IN ORDER TO SECURE HIS/HER PRESENCE PROCLAMATION UNDER SECTION 82 CR.P.C., MAY BE ISSUED AND IF APPLICANT FAILS TO APPEAR BEFORE THE COURT ON THE DATE FIXED IN SUCH PROCLAMATION, THEN, THE TRIAL COURT SHALL INITIATE PROCEEDINGS AGAINST HIM/HER, IN ACCORDANCE WITH LAW, UNDER SECTION 174-A IPC.
(iv) THE APPLICANT SHALL REMAIN PRESENT, IN PERSON, BEFORE THE TRIAL COURT ON DATES FIXED FOR (1) OPENING OF THE CASE, (2) FRAMING OF CHARGE AND (3) RECORDING OF STATEMENT UNDER SECTION 313 CR.P.C. IF IN THE OPINION OF THE TRIAL COURT ABSENCE OF THE APPLICANT IS DELIBERATE OR WITHOUT SUFFICIENT CAUSE, THEN IT SHALL BE OPEN FOR THE TRIAL COURT TO TREAT SUCH DEFAULT AS ABUSE OF LIBERTY OF BAIL AND PROCEED AGAINST THE HIM/HER IN ACCORDANCE WITH LAW.
(v) THE TRIAL COURT MAY MAKE ALL POSSIBLE EFFORTS/ENDEAVOUR AND TRY TO CONCLUDE THE TRIAL WITHIN A PERIOD OF ONE YEAR AFTER THE RELEASE OF THE APPLICANT.
However, it is made clear that any willful violation of above conditions by the applicant, shall have serious repercussion on his/her bail so granted by this court and the trial court is at liberty to cancel the bail, after recording the reasons for doing so, in the given case of any of the condition mentioned above.
Order Date :- 20.12.2018 Pkb/