Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48443 of 2019 Applicant :- Manzoor Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Yadav,A.C.Srivastava,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Babloo Pant,Gyan Chandra Yadav
Hon'ble Samit Gopal,J.
Heard Sri A.C. Srivastava, learned counsel for the applicant, Sri Gyan Chandra Yadav, learned counsel for the first informant, Sri Raj Kumar Gupta, learned AGA 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 Manzoor Ahmad seeking enlargement on bail during trial in connection with Case Crime No.784 of 2018, under Sections 498-A, 304-B, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, 1961 registered at P.S. Jani, District Meerut.
As per the prosecution case as stated in the first information report it is alleged that the daughter of the first informant was married on 6.12.2017 with Manzoor Ahmad, the present applicant and after marriage the husband along with his other family members were not happy with the dowry and gifts as given during the marriage. They used to harass and torture his daughter and subsequently, a demand of Rs.1 lac and a swift car was raised. The said persons assaulted and beat his daughter many times. On 4.10.2018 some one from the village of the applicant gave an information to the first informant that his daughter is being beaten up due to the demand of dowry, on which he tried to call up on telephone but could not get connected. Later on, on 5.10.2018, some one called the first informant on his mobile phone and informed him that his daughter has been murdered by the accused persons by hanging her on which he came to the village and saw his daughter dead. It is further argued that the applicant has been falsely implicated in the present case. It is argued that an information about the death of Smt. Somiya was given by Ali Hasan, the father of the applicant on 5.10.2018 at about 12.30 pm on the basis of which, the inquest of her dead body was conducted. A copy of the said inquest is annexed as Annexure-2 to the affidavit. It is further argued while placing the post mortem report which is annexed as Annexure-3 to the affidavit, that the doctor has opined that the death was due to asphyxia as a result of ante mortem hanging. Further the statements which have been annexed as Annexure-7 of Ver Sen and Subhash have been placed and it is being tried to impress upon that the deceased committed suicide due to the reason that she did not wanted to live in the village and wanted to go with the applicant to the city which was denied and as such she committed suicide. Further Annexure-9 to the affidavit has been placed which is the G.D. entry no.032 dated 5.10.2018 at 20:06 hours at Police Station-Refinery, District Mathura and it has been argued that from the said G.D. it is clear that the applicant had gone on 25.9.2018 to the mela duty in District Hapur and had returned at the said time on the said date for which his Aamad / return was registered at the police station. It was argued that the applicant was not present at the time of occurrence at the house but was on a mela duty in District Hapur. It is argued that the applicant has been falsely implicated in the present case and is having no criminal history as stated in para 25 of the affidavit and is in jail since 10.10.2018.
Per contra, learned for the first informant as well as learned AGA have vehemently opposed the prayer for bail and argued that the marriage of the applicant was solemnized on 6.12.2017 and the death had occurred on 5.10.2018 which was after 10 months of marriage. It is further argued that the applicant is the husband of the deceased and has not discharged his burden to explain the death of his wife. It is argued that the G.D. entry as relied upon on Police Station - Refinery, District Mathura pertains to the return of the applicant on 5.10.2017 at 20:06 hours but it is not clear as to where he was in between and possibility of his coming to his house cannot be ruled out as the said entry cannot be claimed as an alibi which is too vague to be believed.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail at this stage.
The bail application is, accordingly, 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 :- 5.1.2021 Neeraj