Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45559 of 2018 Applicant :- Subedar Ram Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Kushwahah,Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Narendra Kumar Maurya, the learned counsel for the applicant and the learned A.G.A. for the State.
This application for bail has been filed by the applicant-Ram Pal seeking his enlargement on bail in Case Crime No. 228 of 2018, under Sections 498-A, 304-B, 201 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Kaundhiyara, District- Allahabad during the pendency of the above mentioned trial.
From the record, it transpires that the marriage of the son of the applicant namely Sarvesh was solemnized with Arti Devi on 11.5.2018 in accordance with the Hindu Rites and Customs. Just after the expiry of a period of 26 days from the date of the marriage of the son of the applicant, the daughter-in-law of the applicant went missing on 8.6.2018. It is the case of the present applicant that information regarding the missing character of the daughter-in-law of the applicant was given to the family members of the daughter-in-law. Thereafter, on 9.6.2018, a missing report was lodged at the concerned police station. However, the body of the daughter-in-law of the applicant was recovered on 10.6.2018 from the well situate in the village. On account of the aforesaid, the F.I.R. dated 10.6.2018 came to be lodged by Rama Shankar Chaudahry, the uncle of the deceased, which was registered as Case Crime No. 0228 of 2018 under sections 498-A, 304-B, 201 I.P.C. and Sections 3/4 Dowry Prohibition Act, Police Station-Kaundhiyara, District- Allahabad. In the aforesaid F.I.R., four persons, namely, Subedar (the father-in-law), Saroja Devi (the jethani), Sarvesh Kumar, (the husband) and Brijesh Kumar,, (the Jeth) of deceased were nominated as named accused. The Police upon completion of the statutory investigation of the aforesaid case crime number in terms of Chapter XII Cr.P.C. has submitted a charge-sheet dated 21.7.2018 only against two of the named accused i.e. Subedar, the father-in-law and Sarvesh Kumar, the husband of the deceased. The jeth and jethani of the deceased have been excluded. What has happened subsequent to the submission of the charge sheet has not been detailed in the affidavit accompanying the bail application, nor the same has been disclosed at the time of the hearing of the present bail application.
Learned counsel for the applicant submits that the applicant is the father-in-law of the deceased, but he is innocent. The applicant is in Jail since 15.6.2018. The applicant has no criminal antecedents to his credit except the present one. Learned counsel for the applicant next submits that the deceased was a short tempered lady and she has taken has extreme step of committing suicide by drowning herself. No external injury has been found on the body of the deceased. The husband of the deceased is already languishing in jail. General and omnibus allegations have been made in the F.I.R. It is thus urged that the present applicant is liable to be enlarged on bail.
Per contra, the learned AGA has opposed the prayer for bail. He submits that the applicant is a charge sheeted accused under section 304 B IPC and thus presumption is available to the prosecution. The deceased has committed suicide just after the expiry of 26 days from the date of her marriage, which is highly unnatural. The burden required to be discharged under section 304 B IPC has not been discharged by the applicant upto this stage. Thus, it is urged that bail application of the applicant is liable to be rejected.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the material brought on record and considering the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any good ground to allow the present application. Consequently, the bail application of the applicant is hereby 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 :- 29.11.2018 HSM