Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32569 of 2019 Applicant :- Mehraj Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble B. Amit Sthalekar,J.
Counter affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned AGA for the State as well as perused the documents on record.
This instant bail application has been filed on behalf of the applicant Mehraj Alam with a prayer to release him on bail in Case Crime No.97 of 2016 under Sections 498-A, 304-B IPC and Section 3/4 D.P. Act, Police Station Anwarganj, District- Kanpur Nagar during the pendency of trial.
Learned counsel for the applicant submitted that the F.I.R. was lodged by the father of the deceased against the applicant and six other family members alleging that the daughter of the first informant was married to the applicant on 25.12.2014 in accordance with Muslim rites and Customs. and due to non fulfilment of demand of dowry they started beating and harassing her daughter. In between one female child was born from the wed-lock of the applicant and the deceased. She was subjected to cruelty by her in-laws for additional demand of dowry and because of non-fulfillment of dowry they have committed murder of his daughter-in-law.
Learned counsel appearing for the applicant has argued that the applicant is innocent and has been falsely implicated in this case. It has further submitted that allegations made in the F.I.R. are false and fabricated. It is further submitted that prosecution story is not corroborated with postmortem report as cause of death of deceased is Asphyxia due to anti mortem hanging. The applicant who is in jail since 04.07.2016, having no criminal history to his credit and deserves to be released on bail. In case the applicant is released on bail she will not misuse the liberty of bail.
Learned A.G.A. for the State opposed the prayer for bail of the applicant and has submitted that the deceased had died within two years of marriage and there are allegations of demand of dowry and cruel treatment. There is, thus, presumption that the deceased has been killed for demand of dowry and applicant is the husband of the deceased and main accused, who is responsible for security and welfare of his wife in which he has failed.
Having considered the rival submissions of learned counsel for the parties, facts and circumstances of the case, in my opinion, the applicant is not entitled for grant of bail.
The bail application is accordingly, rejected. Order Date :- 29.11.2019 Pr/-