Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4260 of 2019 Applicant :- Vinod Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.K. Singh, learned counsel for the applicant, the learned A.G.A. for the State and perused the record.
This 2nd application for bail has been filed by the applicant-Vinod, i.e., the father-in-law of the deceased, for seeking his enlargement on bail in Case Crime No. 592 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station-Titawi, District Muzaffar Nagar, during the pendency of the trial.
Perused the record.
It transpires from the record that the marriage of the son of the applicant, namely, Vijay Kumar was solemnized with Rekha on 3.3.2014. However, just after expiry of a period of little more than 4 years and six months from the date of marriage of the son of the applicant, an unfortunate incident occurred on 29.9.2018, in which the daughter-in-law of the applicant sustained burn injuries. It is the case of the applicant that after the occurrence took place, the victim was taken to District Hospital, Muzaffar Nagar from where she was referred to Meerut. While the victim was being taken to Meerut, she died on the way. The F.I.R. in respect of the aforesaid incident was lodged on 30.9.2018 i.e. on the next day by Harish Chandra, the father of the deceased and was registered as Case Crime No. 592 of 2018, under Sections 498-A, 304-B I.P.C. and Sections 3/4 D.P. Act, Police Station Titawi, District Muzaffar Nagar. In the aforesaid first information report, three persons, namely, Smt. Rekha, (the mother-in- law), Chhotu, (the Devar) and Vinod (the father-in-law) of the deceased were nominated as the named accused. The postmortem of the body of the deceased was conducted on the same day. The doctor, who conducted the autopsy on the body of the deceased, opined that the cause of death of the deceased was shock as a result of ante mortem flame burn injuries. The ante mortem burn injuries found on the body of the deceased have been described by the Doctor as follows:-
2. Blackening +nt, Singing of hair +nt
3. Line of redness +nt B/t Burn and unburnt area
4. Pubic Hair & Scalp hair burn singing +nt Total burn = 100 TBSH flame burn with face & glister.
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 21.12.2018 against two of the named accused, namely, the mother-in-law and the father-in-law. The investigation in respect of Devar of the deceased is still said to be pending.
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 08.10.2018. The applicant has no criminal antecedents to his credit except the present one. The applicant is a middle aged man aged about 50 years. It is then submitted that the applicant was residing separately from the family of the deceased, which fact is also admitted to the husband of the deceased. The same is clearly established from the notary affidavit filed by the son of the applicant before the Court below at the time of hearing of the bail application, photo copy of which is on the record at page 45 of the paper book. It is thus urged that since the applicant was residing separately from the family of the deceased, he has no concern with the family members of the deceased. General and omnibus allegations have been made in the F.I.R. regarding commission of cruelty upon the deceased. There is no statement of the deceased recorded under section 161 Cr. P. C. nor there is any dying declaration of the deceased implicating the present applicant. The husband of the deceased is already languishing in jail. The co-accused Smt. Rekha, the mother-in-law of the deceased/ the wife of the present applicant has already been enlarged on bail by this Court vide order dated 11.01.2019. The case of the present applicant is similar and identical to that of co-accused Smt. Rekha. As such the present applicant is also entitled to be enlarged on bail.
Per contra, the learned A.G.A. for the State has opposed the prayer for bail. However, he could not dispute the factual submissions urged by the 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-Vinod 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 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 counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under section 229-A I.P.C..
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his 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, in accordance with law, under section 174-A I.P.C.
(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 him 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.
the applicant, shall have serious repercussion on his 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 :- 30.1.2019 YK