Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23127 of 2019 Applicant :- Habeeb @ Haseen @ Dileep Opposite Party :- State of U.P.
Counsel for Applicant :- Manish Joshi,Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicant, in S.T. No. 123 of 2019 arising out of Case Crime No. 1108 of 2018, under Section 302 I.P.C., P.S. Soraon, District Allahabad.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated. He was not residing with the deceased at the time of occurrence; as the deceased was residing at her parental house. F.I.R. was lodged after 12 days and the cause of death has also not been ascertained, hence viscera has been preserved for chemical analysis. Applicant is law abiding person and is languishing in jail since 16.11.2018. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. vehemently opposed the prayer and submits that the deceased had died inside the house of applicant and after death of the deceased applicant along with his children was absconding.
The contents of the F.I.R. show that applicant and deceased were married with each other due to love affairs and applicant was residing with the deceased as parents of the deceased had died. On 31.10.2018 it was learnt by the informant that bad smell was coming out from the house of deceased; the door was locked and when the Police got the door opened the dead body of deceased was found in decomposed state whereas applicant along with his two children was absconding.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence and without expressing any opinion on the merits of the case, I am of the opinion that the bail application lacks merit and is liable to be rejected.
Hence, the application is dismissed.
Order Date :- 17.12.2019 Vandana