Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36953 of 2020 Applicant :- Dharmendra Verma Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Sengar, learned counsel for applicant and learned A.G.A. for State.
This second bail application has been filed by applicant Dharmendra Verma seeking his enlargement on bail in Case Crime No. 62 of 2018, under sections 498A, 304B, IPC and 3/4 D.P. Act, P.S. Jalaun, District Jalaun.
First bail application of the applicant was rejected vide order dated 1.10.2018. For ready reference the same is reproduced herein under:
"Heard Mr. Ajay Sengar, learned counsel for the applicant and the learned A.G.A. for the State.
The present bail application has been filed by the applicant-Dharmendra Verma seeking enlargement on bail in Case Crime No. 62 of 2018, under Sections 498A, 304B I.P.C. and 3/4 D. P. Act, Police Station- Kotwali- Jalaun, District-Jalaun.
Learned counsel for the applicant submits that from the material available on record, it is clear that the cause of death of the deceased is hanging due to asphyxia. He, therefore, submits that in view of the recital contained in the post-mortem report, the applicant is entitled to be enlarged on bail.
Learned A.G.A. has opposed the prayer for bail of the applicant. He submits that there is nothing on the record to indicate that as to how the information regarding the death of the deceased was given by the applicant or his family members to the Police of the concerned Police Station immediately. It is also contended that there is nothing on the record to show as to how the body of the deceased was withdrawn from the hanging position and from where the body of the deceased was retreated by the Police or the family members of the applicant. He therefore submits that in view of the aforesaid fact, the death of the deceased has occurred in suspicious circumstances. which remains unexplained.
Having heard the learned counsel for the applicant and learned A.G.A. for the State, I do not find any good ground to enlarge the applicant on bail.
The bail application of the applicant-Dharmendra is accordingly rejected. "
Learned counsel for applicant submits that P.W.1 Vishwanath who is father of deceased has not supported prosecution story. In his testimony, he has further deposed that the deceased committed suicide on account of her suffering from alsar. Perusal of record shows that P.W.1 has been declared hostile, therefore, testimony P.W.1 cannot be relied for the purpose of prosecution case. No other material has been placed.
Having heard learned counsel for applicant and learned A.G.A. for State and considering the facts brought on record, I do not find any new or good ground to allow the present bail application. Thus, the second bail application stands rejected.
Order Date :- 5.1.2021 Arshad