Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 19310 of 2021 Applicant :- Om Prakash Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Ajay Singh Yadav, learned counsel for the applicant, Sri Satish Pandey, learned counsel for the State and perused the record.
This anticipatory bail application under Section 438 Cr.P.C. has been filed by the applicant, seeking anticipatory bail, in the event of arrest in Case Crime No. 488 of 2021, under Sections 498-A, 304-B I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station- Loni Border, District - Ghaziabad.
Learned counsel for the applicant argued that the applicant is father-in-law of the deceased. It is argued that the applicant is living separately from the deceased and her husband. The applicant has no concern with their living. The deceased has committed suicide and died, which is suggestive from the postmortem report where the deceased received a single ligature mark injury without any other bodily injury and the cause of death as opined by the Doctor is asphyxia due to antemortem hanging. It is argued that the applicant is an old person and has been falsely implicated in the present case with general and omnibus allegations. It is further argued that although the opinion of the Doctor was conclusive still the viscera is preserved and has been sent for chemical examination but the report is awaited. It is argued that the applicant has no criminal history as stated in paragraph 3 of the affidavit.
Per contra, learned counsel for the State has opposed the prayer for anticipatory bail and argued that the applicant is named in the first information report and there are allegations against him along with other co-accused persons. It is argued that marriage of the deceased Hima with Sonu was solemnized on 10.3.2019 and the incident is of 10.6.2021.
After having heard learned counsel for the parties and perusing the records, it is apparent that the applicant is named in the first information report and there are allegations against him.
The present anticipatory bail application is rejected.
Order Date :- 20.12.2021 nd (Samit Gopal, J.)