Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7790 of 2018 Applicant :- Mohammad Kamil Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivajee Singh Sisodiya Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Mohammad Kamil who is involved in Case Crime No. 146/2017, under Section 304 I.P.C., Police Station- Kaimri, District Rampur.
As per prosecution version, on 03.05.2017 appellant and co- accused Kadir Ahmad and Smt. Salma have beaten Smt. Munni @ Bebi Naz, sister of Irfan (informant) and wife of applicant Mohd. Kamil. For treatment, they took Smt. Munni @ Bebi Naz to Khajuri at Delhi, where she died.
It is contended by learned counsel for the applicant that co-accused Kadir and Smt. Salma have been enlarged on bail by this Court vide order dated 13.12.2017 passed in Criminal Misc. Bail Application No. 48944/2017, copy of which filed at Annexure-6. There is no evidence against applicant.
Learned A.G.A. has opposed the prayer for bail and contended that as per postmortem report, there are two abraded contusion on the right and left side of lower lips of the deceased and cause of death is asphyxia as a result of ante-mortem smothering.
Applicant is husband of the deceased. The deceased is sustained injury at her matrimonial home. Cause of death is not explained.
Considering the facts and circumstances of the case, I do not find it a fit case for enlarging the applicant on bail.
In view of above, the prayer for bail is refused and accordingly the instant bail application is rejected.
Order Date :- 27.2.2018 Sharad/-