Heard Sri R.K. Mishra, Advocate holding brief of Sri Ram Bali, learned counsel for applicant, Sri Ram Ashrey Yadav, learned counsel for first informant, Sri Raj Kumar Gupta, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Jairam Alias Jai Kumar Alias Chotu, seeking enlargement on bail involved in Case Crime No. 188 of 2019, under Section 306 I.P.C., registered at P.S. Tundla, District Firozabad.
Learned counsel for applicant argued that applicant has been falsely implicated in the present case. It has argued that that the applicant neither abated the suicide of the deceased Km. Ajai Rani nor instigated her to commit suicide. It is argued that the allegation in the First Information Report that applicant used to trouble her and create pressure upon her to marry him is false and further the allegation is that the applicant gave some substance to her which she consumed and died is also false. It is argued that the applicant is already married having two children as stated in para 11 of the affidavit. It is further argued that the applicant is having no criminal history as stated in para 14 of the affidavit and is in jail since 24.9.2019.
Per contra learned AGA and learned counsel for first informant have opposed the prayer for bail and argued that although the doctor in the post mortem examination did not give any opinion about the cause of death and the viscera was preserved but in the viscera report which is annexed in the counter affidavit Aluminium Phosphide poison has been discovered by the forensic expert. It is argued that it was the applicant who gave the poisonous substance to the deceased which was consumed by her. It is further argued that the applicant used to trouble her and harass her for which she has previously given an application to the police which also enquired upon and some settelement between the parties had been brought in by the intervention of the police. It is thus argued that the applicant is involved.
Looking to the facts and circumstances of the case,I do not find it a fit case bail, hence, the bail application is 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 :- 8.1.2021 Md Faisal