Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24502 of 2018 Applicant :- Govardhan Alias Godhu Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged by Govardhan alias Godhu against Vikram alleging that complainant's wife had relationship with Vikram; on 2.3.2018 Vikram came into complainant's house at 2 or 2:30 P.M. and started molesting his wife; when complainant protested, quarrel started; hearing noise, Raja Ram, Babloo and other neighbours came and intervened; then complainant went out of the house. In the meantime, she consumed poison. On getting information he alongwith neighbours brought her to Saharanpur for treatment but she died on the way. Later on, it was found in post mortem report that wife of complainant/applicant died due to asphyxia as a result of Anti Mortem throttling. Thereafter, complainant/applicant has been implicated and Section 306 IPC was converted into sections 302, 195 IPC.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 11.3.2018(more than eight months) having no criminal history. The applicant has been falsely implicated. Postmortem report is wrong, death of applicant's wife was caused due to consuming poison by herself. There is no possibility to get this case decided in near future. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed and submitted that wife of the applicant died due to asphyxia as a result of throttling. There is no case of the applicant that another person Vikram has assaulted the deceased. Section 106 of Evidence Act would apply.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has not made out a case for bail. The bail application is liable to rejected.
The bail applicant of applicant Govardhan alias Godhu who is involved in Case Crime No.59 of 2018, under Section 302, 195 IPC, Police Station Chilkana, District Saharanpur, is hereby rejected.
It is expected that Trial Court shall decide the case in accordance with Section 309 Cr.P.C.
Copy of order be transmitted to the Court concerned for compliance immediately.
Order Date :- 28.11.2018 P.P.