Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31864 of 2021 Applicant :- Manjesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Beerendra Singh Pal,Manoj Kumar Keshari Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Manoj Kumar Keshari, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel 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-Manjesh Kumar, seeking enlargement on bail during trial in connection with Case Crime No.74 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, registered at Police Station Achhalda, District Auraiya.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. The FIR has been registered after a delay of two days for which there is no plausible explanation about it. The prosecution version as stated in the FIR is false and incorrect. The marriage of the deceased with the applicant was solemnized around six years back, as such there was no occasion of demand of dowry from the deceased or her family members. Co-accused Rinku who is the nandoi of the deceased has been granted bail by this Court vide order dated 22.09.2021 passed in Criminal Misc. Bail Application No.25645 of 2021. It has also been pointed out that the applicant is not having any criminal history as stated in para 15 of the affidavit and is in jail since 06.04.2021.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. There is no explanation whatsoever as to how the deceased has died in her matrimonial house, the said death is unnatural. The deceased as per postmortem report has received one contused swelling, three contusions and one abraded injury on her body. The cause of death is asphyxia as a result of throttling. The applicant is involved in the present case.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the husband of the deceased. The deceased died in her matrimonial house within six years of her marriage. There are allegations against the applicant and other family members. Cause of death is asphyxia as a result of throttling and there are four injuries found on the body of the deceased.
Looking to the facts and circumstances of the case, I do not find it a fit case for 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 :- 23.9.2021 Gaurav