Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19429 of 2021 Applicant :- Aakash Opposite Party :- State of U.P.
Counsel for Applicant :- Upendra Kumar, ,Rajeev Upadhyay Counsel for Opposite Party :- G.A.,Sumit Kumar Srivastava
Hon'ble Raj Beer Singh,J.
Rejoinder affidavit filed in Court today, is taken on record.
Heard leaned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State-respondent and perused the material brought on record.
The present bail application has been filed by the applicant in case crime No. 1273/2020, under Sections 498A, 304B IPC and Section 3/4 D.P. Act, police station Kalyanpur, District Kanpur Nagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is husband of deceased and he has not committed any offence. It was submitted that alleged incident has been shown of 21.08.2020 but F.I.R. has been lodged on 22.08.2020. It was further submitted that both applicant and deceased were residing together and that before the incident, there has been no such complaint that applicant has ever demanded any dowry or harassed the deceased. Learned counsel has referred the inquest report and photographs of deceased as well postmortem report and submitted that all the attending facts and circumstances of the case show that deceased has committed suicide and in postmortem report also, the cause of death has been shown due to ante-mortem hanging and except that no injury has been shown on the body of deceased. It was submitted that deceased used to talk with her parental family on phone but before alleged incident no complaint was made regarding any dowry demand and harassment of deceased. Learned counsel has submitted that in fact there is no evidence that applicant has harassed the deceased on account of dowry. It was also submitted that applicant was doing a private job and at the time of alleged incident he was not present at the spot and he was at his place of job. Learned counsel has also referred an F.I.R. which was lodged against first informant and his family members and submitted that earlier first informant has pressurized his another daughter and her husband to live separately and resultantly her son-in-law has committed suicide and in this regard a case was registered against first informant and his family members. It has further been argued that the applicant is in judicial custody since 24.08.2020, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
On the other hand, learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail and argued that the applicant is husband of deceased and that deceased has suffered unnatural death within a short period of nine months of her marriage. It was further submitted that in F.I.R. as well as in statements of witnesses, there are clear allegations that applicant used to harass the deceased on account of dowry. Learned counsel for the first informant has also pointed out the inquest report, wherein it has been observed that there were some contusions on the back of deceased.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no case for grant of bail is made out.
Accordingly, the instant bail application filed on behalf of applicant Aakash is rejected.
Order Date :- 30.9.2021 Anand