Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44110 of 2021 Applicant :- Gufran Opposite Party :- State of U.P.
Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant involved in Case Crime No.66 of 2021, under Sections 498-A, 304-B IPC & 3/4 D.P. Act, P.S. Bakewar, District Fatehpur with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant has never demanded any dowry and that allegation of harassment of deceased are also false. Only general allegations of dowry demand and harassment have been levelled against all the accused persons including the applicant. No specific role has been assigned to applicant. The alleged incident took place at the parental house of deceased and at that time, no one was present there. The cause of death of deceased has stated asphyxia as a result of ante-mortem hanging. It was further submitted that co-accused Chunni @ Roshni @ Asiya Begum, who is mother-in-law of deceased, has already been granted bail. It was further submitted that applicant is languishing in jail since 26.03.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail and argued that applicant is husband of deceased and that alleged incident took place within a short period of ten months of marriage of deceased with applicant. It was further submitted that there are allegations that since after the marriage, applicant and his family members used to harass the deceased on account of dowry and that before this incident due to demand of dowry, brother of deceased has given Rs.50,000/- to him and after that Rs.15,000/- were transferred in his account. It was stated that though, alleged incident took place at parental house of deceased but witnesses have alleged that on the day of incident applicant and his parents have come there and a quarrel has taken place and in this connection, learned A.G.A. has referred the statements of brother and mother of deceased.
Considering the submissions of learned counsel for the parties, nature of accusations, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Gufran is hereby rejected.
Order Date :- 28.10.2021 Neeraj