Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23340 of 2019 Applicant :- Deepak Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar Srivastava,Sharad Chandra Singh,Sheikh Saaduddin Sazaly Counsel for Opposite Party :- G.A.,Yakub Ansari
Hon'ble Samit Gopal,J.
Heard Sri Amrendra Nath Singh, learned Senior Advocate, assisted by Sri Sharad Chandra Singh, learned counsel for the applicant, Sri V.B. Upadhyay, learned A.G.A. for the State and perused the material on record.
Sri Yakub Ansari, learned counsel for the first informant is not present, even when the matter is taken up in the revised call.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Deepak Singh seeking enlargement on bail during trial in connection with Case Crime No. 94 of 2018, under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, registered at P.S. Karanda, District Ghazipur.
Learned counsel for the applicant argued that applicant has been falsely implicated in the present case. It is argued while placing reliance on paragraphs no. 21 and 22 that applicant is working in petrol pump in Mumbai and he was on the date of occurrence in Mumbai and then took a ticket and travelled on train and reached home for which annexures no. 8 has been relied which is the duty chart and railway ticket which is being shown as his alibi. It is further argued that the recital in the first information report that dowry is being demanded is totally false and incorrect and marriage of the applicant and the deceased was solemnized around six years back and the deceased was being treated for fertility as she was unable to bear a child. Learned counsel for the applicant has placed before the court annexure no. 1 to the affidavit which is the prescription of the treatment of deceased and has proceeded to argue that since March 2017 she is under treatment of doctor for the same. It is argued that deceased was unable to bear a child and she out of frustration committed suicide. It is further argued that co-accused Nirmala Singh has been granted bail by the co-ordinate Bench of this Court vide order order dated 28.02.2019 in Criminal Misc. Bail Application No. 8597 of 2019 and co-accused Damodar Singh has also been granted bail by the co-ordinate Bench of this Court vide order order dated 01.04.2019 in Criminal Misc. Bail Application No. 13317 of 2019 as well as co-accused Raju Singh has also been granted bail by the co-ordinate Bench of this Court vide order order dated 01.11.2018 in Criminal Misc. Bail Application No. 42289 of 2018. It is further argued that applicant is having no criminal history as stated in para no. 23 and he is in jail since 25.08.2018.
Per contra, learned AGA opposed the prayer for bail and argued that applicant is the husband of the deceased, death of the deceased took place within seven years of marriage and to be more precise after six years of marriage at her matrimonial house. It is further argued that the postmortem report, the copy of which has been annexed as annexure no. 5 shows that the body was burnt fully and only skeleton with some muscles attached with a female body was recovered. It is argued that applicant being the husband was responsible for his wife and has also failed to account of her death in a reasonable manner.
Having heard learned counsel for the parties and have gone through the records, I do not find it is a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail at this stage.
The bail application is, accordingly, 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.
(Samit Gopal,J.) Order Date :- 6.1.2021 Vikram