Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44413 of 2021 Applicant :- Joshe Prajapati @ Murli Manohar Joshe Opposite Party :- State of U.P.
Counsel for Applicant :- Ramesh Chandra Agrahari,Hardev Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ramesh Chandra Agrahari, learned counsel for the applicant, Sri Akhilesh Kumar Tripathi, learned counsel for the State and perused the mate as rial on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Joshe Prajapati @ Murli Manohar Joshe, seeking enlargement on bail during trial in connection with Case Crime No.364 of 2020, under Sections 498-A, 304-B I.P.C. & Section 3/4 Dowry Prohibition Act, registered at P.S.- Shankargarh, District- Prayagraj.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that marriage of the deceased Smt. Usha was solemnized on 29.05.2019 and she committed suicide on 04.10.2020. The applicant was present in Gujarat at his place of employment and after he received information about the aforesaid unfortunate incident, he came from there to his house. The deceased committed suicide which is suggestive from the post-mortem report wherein Doctor found a single ligature mark on her body and cause of the death is Asphyxia due to ante-mortem hanging. It is argued while placing paragraph Nos. 16 to 20 of the affidavit that the deceased and her Bhabhi had a quarrel after which deceased left the house of the first informant and came at her matrimonial house with her brother without informing to the applicant on 04.10.2019. It is argued that aforesaid quarrel was the reason for committing suicide of the deceased. It is argued that applicant has no criminal history as stated in para 36 of the affidavit and he is in jail since 02.11.2020.
Per contra, learned A.G.A. opposed the prayer for bail and argued that in Para 21 of the affidavit, it is stated that deceased committed suicide in her parental house is false as the deceased died in her matrimonial house. It is argued that death of the deceased has taken place after seventeen months of her marriage and cause of death was ante-mortem hanging which is unnatural. Applicant is the husband of the deceased and he is named in the First Information Report and there is allegation against him to involve in the aforesaid alleged offence.
Without expressing any opinion on the merits of the case and considering the submission advanced, the nature and gravity of the accusation, I find no good ground for grant of bail to the applicant.
Accordingly, the instant bail application is rejected.
Order Date :- 22.12.2021 Sachin/-
(Samit Gopal,J.)