Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19364 of 2021 Applicant :- Chandresh Opposite Party :- State Of U.P Counsel for Applicant :- Parmeshwar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Parmeshwar Yadav, learned counsel for the applicant and Sri Virendra Kumar Maurya, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Chandresh, seeking enlargement on bail during trial in connection with Case Crime No. 70 of 2020, under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, registered at Police Station Chawk, District Maharajganj.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the deceased committed suicide and died. Paragraph 14 to the affidavit in support of the bail application has been placed before the Court in which it has been averred that since the deceased saw the applicant having conversation with his first wife, she became annoyed and committed suicide. It is argued that the cause of death as opined by the doctor conducting the postmortem examination was Asphyxia as a result of hanging which is suggestive of suicide. Learned counsel has further argued that although the deceased has received one other injury being a contusion which has been noted in the postmortem report but the same was caused in a different incident for which an application dated 31.05.2020 was given to the police, the copy of which is annexed as Annexure- 5, wherein, it was specifically stated that a dispute had arisen in which the deceased was assaulted on her head with a danda. It is argued that the said matter had ended by means of a compromise, the copy of which is annexed at page 42 of the paperbook. It is argued that as such the said injury cannot be attributed to have been caused to the deceased as an injury soon before her death and the same has not contributed to her death. It is argued that the applicant has no criminal history and is in jail since 01.07.2020.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. It is argued that the marriage of the deceased took place in December 2019 and the death has taken place on 28.06.2020 which is just after six months of the marriage which is unnatural in her matrimonial house without any plausible explanation of the same. It is further argued that the doctor conducting postmortem found haematoma in the injury noted by him as a contusion on the head. It is argued that the applicant is the husband of the deceased who was under a duty to protect and take care of his wife. It is argued that the prayer for bail be rejected.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the death of the deceased took place within six months of her marriage and there is another injury on her body in which doctor has noted haematoma to be also present. The applicant is the husband of the deceased and the reason as coming forward for the deceased to commit suicide is not appearing to be convincing at all.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, the bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.5.2021 AS Rathore Digitally signed by Justice Samit Gopal Date: 2021.05.24 17:22:33 IST Reason: Document Owner Location: High Court of Judicature at Allahabad