This court rejected the bail application of an accused charged with culpable interment causing suicide under Section 306 IPC. The bail was denied due to gravity of offense and evidence available. The court directed the trial court to conclude the trial within one year.
Bail application dismissed; trial to be concluded within one year.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36282 of 2018
Applicant :- Prempal @ Shankar @ Shankar Lal Opposite Party :- State of U.P. Counsel for Applicant :- Bhupendra Pal Singh,Satya Prakash Tiwari Counsel for Opposite Party :- G.A.,Omvir Singh Rajpoot
Hon'ble Rajendra Kumar-IV,J.
Supplementary Affidavit filed on behalf of applicant today, is taken on record.
Heard Shri Satya Prakash Tiwari, learned counsel for the applicant, learned AGA and Shri Omvir Singh Rajpoot, learned counsel for the complainant and perused the material available on record.
Accused-applicant, involved in Case Crime No.184 of 2018, under Sections 306 I.P.C., P.S. Debai, district- Bulandshahr, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He has committed no offence. It is further contended that applicant is the husband of deceased. She was wedded to the applicant, she had no issue, therefore, applicant has entered into second marriage with Brijesh Devi with the consent of the deceased. Victim herself committed suicide; due to being frustrated but prosecution has set up the forged and fabricated story. It is further contented that there is no evidence of suicide against the applicant. Applicant himself saved her and admitted the victim in the hospital in injured position and in order to save the victim, the applicant received burn injury. Conduct of the applicant is very natural at the time of incident. It is further contended that applicant is in jail since 21.06.2018 and due to heavy pendency of cases in the trial court, there is no possibility of early conclusion of trial, if he is released on bail he will not misuse the liberty of bail and there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the prayer for bail and submitted that initially FIR was registered against the accused applicant and seven others under sections 147, 307, 494, 120B IPC on the application of first informant Vijay Kumar Mathuriya. Accused is husband, named in the FIR; as per Dying Declaration of victim. Accused- Applicant poured kerosene oil on her and set her at fire. As per post mortem report 45% burn injury was
found on the person of deceased. Victim succumbed to burn injury during treatment in hospital. Investigating Officer altered the case under section 306 IPC during trial, informant has been examined as PW1. An application from the side of informant has been made to alter the charge, which is still pending in the trial court and accused applicant is responsible for death of victim, he is not entitled for bail.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, evidence collected by Investigating Officer during investigation, dying declaration of victim, injuries found on the person of deceased, I do not see any ground to release the applicant on bail. Applicant deserves no bail.
Accordingly, bail application is disposed of directing the Trial Court to proceed with the trial in view of Section 309 Cr.P.C, expedite and conclude the trial within One year from the date of production of certified copy of this order without granting any unnecessary adjournment, if there is no legal impediment. In case Trial is not decided in the stipulated time, Trial Court shall inform this Court explaining entire circumstances and seek further time, otherwise it shall be treated as disobedience of the order of this Court.
Order Date :- 6.11.2019
SFH
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving suicide of wife under Section 306 IPC.
Whether the trial court shall expedite the trial within one year.
2 provisions across 2 enactments
Prempal @ Shankar @ Shankar Lal
Hon'ble Rajendra Kumar-J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
