Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 920 of 2018 Applicant :- Vikash Opposite Party :- State Of U.P.
Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Kamlesh Kumar Tripathi, Advocate has put in appearance on behalf of the complainant is taken on record.
This is an application for bail filed on behalf of Vikas in Case Crime No.62 of 2017, under Sections 498A, 304B, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Jaitpur, District Agra.
Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Seshadri Trivedi and Kuldeep Singh Yadav, learned counsel for the applicant, Sri Kamlesh Kumar Tripathi, Sri Naresh Kumar Pal and Sri Ajay Kumar, learned counsel for the complainant and Sri Kamal Singh Yadav alongwith Sri Kulveer Singh, learned AGA appearing on behalf of the State.
The thrust of the submission of Sri Satish Trivedi, learned Senior Advocate appearing for the applicant is to the effect that the applicant was victim of a car accident where the car according to the First Information Report lodged by the deceased's husband giving rise to Case Crime No.61 of 2017, under Sections 498A, 304B, 323, 506 I.P.C. and 3/4 D.P. Act, P.S. Jaitpur, District Agra was bumped off the road by an oncoming dumper (truck) which sent the car into a gorge below resulting in fatal injuries to the deceased and also grievous injuries to the applicant; that the learned Senior Advocate in support of his contention has invited the attention of the Court to the injuries suffered by the injured in the post-mortem report which are all said to be lacerated wounds besides one abrasion and nasal bone depressed fracture all located on the left side which is consistent with the damage to the car that was subjected to an impact to its left side; that it is further submitted that a copy of a technical report dated 27.06.2017 that is the earliest appraisal of the condition of the car bears out with the case of accident where brakes of the car have been found loose, the front tires being worn out, the wind screen shattered, glass pains of all the four doors shattered besides damage on the left side of the car all of which support that the impact was on the left side of the car that corroborates the injuries to the deceased sustained on the left side of her body in the most; that there has never been demand of dowry or cruelty in connection with dowry preceding the occurrence so as to attract the provisions of Section 304B I.P.C.; and, that the applicant is a respectable man with no criminal history who is in jail since 05.07.2017 as an undertrial.
The aforesaid submissions when initially addressed before this Court led the Court to pass a detailed order on 09.01.2018 requiring authenticated photographs of the vehicle in the custody of P.S. Jaitpur to be placed on record through an affidavit. The State has filed a counter affidavit sworn on 12.01.2018 and filed in Court later bringing on record photographs of the vehicle involved in the accident bearing Registration No.MP30-C-0565 and also a report from the F.S.L., Field Unit, Agra who have inspected the car in situ and have opined on various issues; that in the submission of the learned counsel for the complainant it is not at all a case of an accident but one where the car has been carefully driven down the road and that the injury sustained by the deceased who was found inside the car does not appear to be the result of an accident but assault; that a counter affidavit has also been filed on behalf the complainant which also carries besides the car a photograph of the deceased taken during inquest which ex facie shows that she had been bludgeoned with a heavy weapon with injury to her head and face prima facie as submitted by the learned counsel for the complainant.
Learned AGA and the learned counsel for the complainant submit that in view of the evidence appearing it is clearly not a case of accident but one where deceased has been done to death camouflaging it is a case of a road accident.
Considering the overall facts and circumstances of the case, the nature of allegations, the gravity of the offence, in particular, the evidence appearing in the case including that related to the condition of the car, Report of the F.S.L., this Court does not find it to be a fit case for bail at this stage.
The bail application, accordingly, stands rejected at this stage.
However, looking to the period of detention of the applicant, it is directed that the aforesaid case pending before the concerned court below be decided expeditiously and preferably within six months 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.
Copy of the case diary is being returned to the learned AGA.
Order Date :- 22.2.2018 Shahroz