Allahabad High Court
Lalit Singh @ Umesh Chandra vs State Of U.P. on 12 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44076 of 2022 Applicant :- Lalit Singh @ Umesh Chandra Opposite Party :- State of U.P. Counsel for Applicant :- Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A.,Arvind Singh Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant, learned A.G.A. as well as Shri Arvind Singh, learned counsel for the first informant and perused the record.
The present bail application has been filed by the applicant- Lalit Singh alias Umesh Chandra with a prayer to enlarge him on bail in Case Crime No.23 of 2022, under Sections 498A, 304B I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Lavedi, District- Etawah.
It is submitted by the learned counsel for the applicant that as per postmortem report, cause of death of the deceased is 'sincope due to cardiac arrest'. However, viscera was preserved but its report is still awaited. The incident is dated 24.04.2022, on 8.04.2022 the deceased delivered twin children (boy and girl). The deceased was suffering from various problems, regarding which, attention of the Court is drawn towards various documents filed by the applicant regarding treatment of the deceased wherein it is mentioned that when the deceased was admitted in the hospital on 8.04.2022, she was facing (1) shortness of breath on exertion since one month, (2) she was having central chest pain since one month and (3) she was facing abdonimal distension since one month. The doctor mentioned that the patient had normal vaginal delivery on 8.04.2022. It is further mentioned that the patient had pain in abdomen with swelling. Further, as per the pathology report dated 8.04.2022, congestive heart failure, disseminated Kochs and Amniotic embolism was also found.
As per history of the patient appended with the supplementary affidavit, after delivery she developed sudden amount of central chest pain which was severe and non bearable in nature. Patient also developed sudden amount of breathlessness on the same day which was a grade II MMRC along with pedal edema and palpatations and got relieved with activity cesatation. On the basis of all these problems, it is argued that the death of deceased was not caused by the present applicant, it was cardiac arrest. The applicant is languishing in jail since 29.04.2022. Hence, the prayer for bail is made.
Learned A.G.A. as well as learned counsel for the first informant opposed the bail application and argued that the marriage of the deceased was solemnized with the applicant in the year 2001. Further, the attention of the Court is drawn towards postmortem report that 1 x 3 cm contusion over forehead of the deceased was found.
From the perusal of record, it is clear that the deceased delivered twin child (boy and girl) on 8.04.2022 and since then she was under treatment. At the time of delivery also she was having problems of breathlessness, chest pain, congestive heart failure, disseminatd Kochs, Amniotic embolism and Central chest pain. As per postmortem report, cause of death was cardiac arrest. The applicant is languishing in jail since 29.04.2022.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
The bail application is allowed.
Let the applicant, Lalit Singh @ Umesh Chandra, who is involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge herself in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.12.2022 SFH