Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41782 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava,Rahul Kumar Pandey,Saumitra Dwivedi Counsel for Opposite Party :- G.A.,Ram Sewak
Hon'ble Rajeev Misra,J.
Heard Mr. Saumitra Dwivedi and Mr. Manoj Kumar, the learned counsel for the applicants, learned A.G.A. for the State and Mr. Ram Sewak, Advocate who has put in appearance on behalf of the complainant by filing his vakalatnama in Court today, which is taken on record.
Learned A.G.A. has filed counter affidavit on behalf of the State annexing therewith the viscera report of the deceased in Court today, which is taken on record.
Perused the record.
This application has been filed by the applicant Sonu for seeking his enlargement on bail in Case Crime No. 0396 of 2018, under Sections 304-B, 498-A I.P.C. and Sections 3/4 D.P. Act, Police Station Sasnigate, District Aligarh during the pendency of the trial.
From the record, it appears that the marriage of the brother of the applicant, namely, Umesh was solemnised with Rajni on 11th May, 2018 in accordance with the Hindu Rites and Customs. One fact may also be noted that the real sister of Rajni, namely, Renu is married to the real brother of Umesh i.e the present applicant. Both the marriages were solemnized on the same date. Thus, two real sisters are married to two real brothers and were residing in the same household. However, after the expiry of a period of one month and 26 days from the date of marriage of the brother of the applicant, an unfortunate incident occurred on 7th July, 2018 in which the wife of the brother of the applicant, namely, Rajni consumed some poisonous substance. It is the case of the applicant that upon the happening of the occurrence, the victim was rushed to the hospital, namely, J.N. Medical College Hospital, A.M.U., Aligarh, but she was declared brought dead by the Doctor of the hospital. The inquest of the body of the deceased was performed on 7th July, 2018 on the oral information given through Mobile Phone to the Police. According to the Panch witnesses, the death of the deceased was characterized as homicidal. The post- mortem of the body of the deceased was conducted on 7th July, 2018. The Doctor, who conducted the autopsy on the body of the deceased, could not assign any definite opinion regarding the cause of the death of the deceased. Therefore, the viscera of the deceased was preserved. The Doctor, however, noted three external ante-mortem injuries, which are abrasion. The viscera report of the deceased dated 21st September, 2018 has been brought on record by means of the counter affidavit filed by the learned A.G.A. in Court today. According to the viscera report of the deceased, Organochloro Insectiside poison was found in the samples of the body of the deceased. A first information report in respect of the aforesaid incident was lodged on 7th July, 2018 by the father of the deceased, namely, Nem Singh, which was registered as Case Crime No. 0396 of 2018, under Sections 304-B, 498-A I.P.C. and Sections 3/4 D.P. Act, Police Station Sasnigate, District Aligarh. In the aforesaid first information report, five persons, namely, Umesh-husband, Kamlesh Devi-mother-in-law, Deshraj Singh-father-in-law, Sonu-Devar and Rinku- Jeth 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 a charge-sheet dated 26th September, 2018 against all the named accused. Upon submission of the aforesaid charge-sheet dated 26th September, 2018, cognizance has been taken by the court concerned vide Cognizance Taking Order dated 1st October, 2018. What has happened subsequent to the passing of the Cognizance Taking Order dated 1st October, 2018 has neither been detailed in the affidavit accompanying the present bail application nor the same has been disclosed by either of the learned counsel for the parties at the time of hearing of the present bail application.
Learned counsel for the applicant submits that the applicant is the Devar of the deceased but he is innocent. The applicant has no criminal antecedents to his credit except the present one. The applicant is in jail since 1st October, 2018. Inviting the attention of the Court to the statement of the wife of the applicant, namely Renu, who is none other than the real sister of the deceased, which is on record at page-38 of the paper book, he submits that at the time of occurrence, the applicant along with his wife i.e. Renu were sleeping in another room. When the husband of the deceased informed them, immediately all members of the family took the deceased to the hospital. He next submits that due to love affair with another person before her marriage, frequently she had quarrelled with her husband and other family members. One day before she quarrelled with her husband and thereafter she has taken the extreme step of committing suicide by consuming some poisonous substance. He further submits that Vague and omnibus allegations have been made in the first information report regarding demand of dowry. The real sister of the deceased i..e the wife of the applicant has never complained of about the same. On the strength of the aforesaid submissions, it is, thus, urged by the learned counsel for the applicant that the applicant is liable to be enlarged on bail.
Per contra, the learned A.G.A. for the State and the learned for the complainant have opposed the prayer for bail of the present applicant. However, neither the learned A.G.A. for the State nor the learned counsel for the complainant could dispute the factual submissions made by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sonu be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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 wilful 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.
(Rajeev Misra, J.) Order Date :- 29.11.2018 Sushil/-