Court No. - 54
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5102 of 2018 Applicant :- Waseem Opposite Party :- State Of U.P.
Counsel for Applicant :- Alok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail filed on behalf of Waseem in Case Crime No.335 of 2017, under Sections 498A, 323, 304B I.P.C. and 3/4 D.P. Act, P.S. Simbhawali, District Hapur.
Heard Sri Alok Kumar Singh, learned counsel for the applicant, Sri Kapil Tyagi, learned counsel for the complainant and Sri S.A.S. Abidi, learned AGA on behalf of the State.
The submission of the learned counsel for the applicant is that he has been implicated in the crime on the ground alone that he is the husband with no basis or evidence to support the prosecution; that there has been no demand of dowry antedating the occurrence so as to attract the provisions of Section 304B IPC; that the deceased and her sister Huma both were married in the same family to two brothers, one of them being the applicant and the other Nadeem, his brother married to the sister of the deceased; that the family had never demanded dowry and Huma has never complained or faced any trouble of the kind complained of by informant vis-a-vis the deceased which makes the allegation rather incredible, the family being one unit comprising the same persons; that it is submitted that the father of the deceased had married another woman and both the sisters, that is to say, the deceased and Huma married to the applicant's brother did not enjoy good relations with step mother; that there were sharp heated exchanges between the step mother and the step daughters; that on the fateful day there was a heated exchange between the deceased's step mother and the deceased on account of which while coming back home she was accidentally run over by a train as asserted in paragraph 13 of the affidavit; that it is also said that the deceased was depressed due to loss of her child as it to which was added quarrelling the step mother that caused her to become a victim as she was walking back towards her matrimonial home along side the railway track as asserted in paragraph 14 of the affidavit; that particular emphasis has been laid upon the statement of Huma, sister of the deceased annexed as annexure- 4 to the affidavit who has said that there has never been a case of demand of dowry of either side of the two sisters by their husbands or the father-in-law or the mother-in-law; that her sister who may have jumped before an oncoming train while walking back home from their parents' place, 3 k.ms. away on account of the fact that she had an altercation with her step mother.
Looking to the fact that the deceased died on the railway tracks is important to be determined whether it was an accident or a suicide. This Court required an enquiry into the same from the Station Master and the Engine Drivers of the Train, the identity of whom was on record including the place of occurrence vide order 12.02.2018. In response, a short counter affidavit dated 19.02.2018 has been filed which shows a report from the Station Superintendent, Simbhawali addressed to the Investigating Officer that reports of suicide being committed on the basis of information received over VHF Set from the Engine Drivers of the Train; and, that other documents annexed also report it to be a case of suicide.
At this juncture the learned counsel for the applicant submits that though it is a case of suicide which is an unnatural death the sister of the deceased also says to be suicide, the fact remains that the deceased had gone home is to her parents' place in the morning and was returning when she committed suicide by jumping before an oncoming train; that the sister of the deceased married alongwith her as categorically said that there was no demand of dowry ever made by the common in- laws who have lived together as a joint family though with separate establishments; that there is no reason for the deceased's sister to take such a false stand where what is at stake is such a heinous crime involving her sister; that Huma- the deceased's sister-is the best person to speak about the truth for what has happened at least prima facie; and, in the submission of the learned counsel for the applicant she has categorically spoken that there was no demand of dowry ever made by the in-laws that may have driven the deceased to commit suicide.
Learned counsel for the complainant and the learned AGA have in voice opposed the bail plea with the submission that it is a case of an unnatural death of a wife within seven years of marriage in her matrimonial home with a background of dowry demand. It has further been urged that the deceased's sister Huma cannot be trusted with her statement about the demand of dowry and cruelty as she is still a daughter-in-law to the same family where she can ill afford to speak truth.
Considering the overall facts and circumstances of the case, the nature of allegations, the evidence appearing in the case, particularly the circumstances in which the deceased has committed suicide, the place where she has committed suicide, the unequivocal statement of the deceased's sister who is part of the same family as the deceased but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Waseem involved in the aforesaid case be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 28.2.2018 Shahroz