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Allahabad High Court · body

2016 DIGILAW 2280 (ALL)

Daanish v. State of U. P.

2016-07-04

KARUNA NAND BAJPAYEE

body2016
JUDGMENT Karuna Nand Bajpayee, J. Heard learned counsel for the applicant and learned A.G.A. Perused the record. 2. Submission of the counsel for the applicant is that actually the deceased wife had serious temperamental problems and she was not keeping good relationship with the parents of the applicant. As a result of the same matrimonial discord erupted and some litigation also took place but later on the applicant came to terms with his wife and decided to live separately from his parents. As a result of the same he had shifted in a rented house where he lived along with his wife. The holy days of Ramzan were going on and the applicant had gone to the mosque for offering prayer. It has been submitted that before going there his wife demanded new clothes as it is conventional to purchase them in those sacred days. As the applicant belonged to poor section of society he had some serious financial problems those days and so he expressed his inability to satisfy his wife. The applicant wanted further time to fulfil her demand. It was this simple trifling issue regarding which the quarrel took place, and the applicant went to the mosque. After some time when the applicant returned from the mosque his wife was not still normal and in a fit of rage, she tried to burn herself. Applicant tried to rescue her and in that process the applicant has also received burn injuries on his hand. But as the deceased had received serious burn injuries, therefore, immediately after the incident the applicant rushed the victim to the hospital but she could not survive and died after struggling for a few hours. Counsel has drawn the attention of the court to the medical examination of the applicant which is annexed as Annexure-17. Attention was also drawn towards Annexure-18 indicating the fact that she was brought to the hospital by the applicant himself. Submission is that if the applicant had any intention to cause death of his wife, there was no need for him to make frenetic efforts to save her life. After the incident he rushed to the hospital and admitted her there but unfortunately after few hours she had died. It has been submitted that the conduct of the applicant is wholly inconsistent with his alleged guilt. After the incident he rushed to the hospital and admitted her there but unfortunately after few hours she had died. It has been submitted that the conduct of the applicant is wholly inconsistent with his alleged guilt. Further it has been pointed out that co-accused Iqbal ,Mustari Begum and Reshma have already been bailed out. Co accused Roobi the sister in law has been exonerated by the police. Much emphasis has been laid by the applicant's counsel on the detention period and it has been pointed out that the applicant is languishing in jail since 21.7.2014 and has already spent about two years behind the bars. The detention of the accused is being perpetuated virtually without any trial as even till date not even one prosecution witness has been examined. It has also submitted that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.? Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. 3. Learned A.G.A. opposed the prayer for bail. 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 5. Let the applicant- Daanish, involved in Case Crime No.124 of 2014 u/s 498A, 304B IPC and 3/4 D.P. Act P.S. Lohta District Varanasi be released on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned on the following conditions : - (1) The applicant will not make any attempt to tamper with the prosecution evidence in any manner whatsoever. (2) The applicant will personally appear on each and every date in the court and his personal presence shall not be exempted unless the court itself deems it fit to do so in the interest of justice. It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.