Heard Sri Shahid Ali Siddiqui, learned counsel for the applicant, Sri S.B. Maury, learned A.G.A. 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- Mo. Arshad Urf Asad, seeking enlargement on bail involved in Case Crime No.24 of 2021, under Sections 498-A, 304-B IPC and 3/4 D.P. Act, registered at Police Station Baheri, District Bareilly.
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 version in the FIR as stated is totally false and incorrect. The first informant and his sister Hina gave their affidavits to the Investigating Officer that the deceased was a person of unsound mind and the version in the FIR is a wrong version. It is further argued that as a matter of fact, the deceased committed suicide and died as she was a person of unsound mind and was living in depression. The suicide is also suggestive from the postmortem report wherein the doctor has opined the cause of death asphyxia as a result of hanging and there is only one ligature mark. Looking to the facts and circumstances of the case on particularly the affidavits given by the said two persons, the father-in-law and mother-in-law of the deceased have been granted bail by coordinate Bench of this Court vide order dated 26.05.2021 passed in Criminal Misc. Bail Application No.18407 of 2021, copy of the said order is annexed as annexure no.5 to the affidavit, as such the implication of the applicant is false and general and common role has been assigned to all the accused persons including the applicant. It is further argued that there is no evidence on record to show that the deceased was tortured and harassed soon before her death. 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 28.02.2021.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased. The marriage between the applicant and the deceased was solemnized seventeen months prior to the date of occurrence. The statement of the applicant that the deceased was a person of unsound mind and thus she committed suicide as the discharge of burden is without any basis and just in order to give the case a different colour. The affidavits, copies of which are annexed as annexure no.2 to the affidavit, as are being relied upon, cannot be looked into at this stage. The death of the deceased took place in her matrimonial house within seven years of marriage which is unnatural and as such prayer for bail be rejected.
After hearing the counsel for the parties and perusing the record, it is apparent that the applicant is the husband of the deceased. There are allegations in the FIR against him. The co-accused who are father-in-law and mother-in-law of the deceased have been granted bail by coordinate Bench of this Court. The affidavits as are being relied upon on behalf of the applicant, cannot be looked into at this stage. There is no plausible explanation regarding the deceased committing suicide. The death of the deceased took place in her matrimonial house within seven years of marriage.
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 :- 18.8.2021 Gaurav