Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52264 of 2019 Applicant :- Parmeshwar Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Awadh Maurya,Kamalesh Kumar Nishad Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, who is involved in Case Crime No.144 of 2019, under Sections 498-A and 304-B I.P.C. and Section 3/4 of D.P.Act, P.S.- Ghughuli, District- Maharajganj.
As per the F.I.R. version, the daughter of the complainant namely Kusum was solemnized marriage with Girijesh son of Parmeshwar. The complainant has given sufficient dowry but after some time in-laws of her daughter has demanded more dowry and started harassing her daughter for dowry. On 13.07.2019 in the morning complainant has gone to her matrimonial house and when he reached at Purainakhandi then her daughter called him and said that all the persons have beaten me. When he reached her matrimonial hosue, he found her daughter in unconscious stage on the floor. The complainant has taken her daughter to the Jogiya Hospital for treatment. After examining her daughter the Doctor informed that before some time she died.
Learned counsel for the applicant submitted that the applicant is father-in-law of the deceased. He is innocent person and has not committed any offence as alleged in the F.I.R. The applicant has falsely been implicated in the said case.
He further submitted that the applicant has been residing separately to the deceased and in support of this contention he enclosed a certificate issued by Gram Pradhan, Tehsil Sadar, District Mahrajganj.
It is next submitted that the applicant is an old person aged about 68 years and he is suffering from several old diseases and there is no specific role has been assigned to the accused- appellant. Chargesheet has been filed on 01.10.2019. The applicant has no previous criminal history. There is no possibility to tamper with the evidence or misuse the liberty of bail. He is in jail since 15.07.2019.
Learned A.G.A. vehemently opposed the submission of learned counsel for the applicant and submitted that body of the deceased was lying in the house of the applicant. As per the F.I.R. version, nobody has tried to save the life of the deceased. When the complainant came in the house of the applicant body of the deceased was lying. The complainant has admitted the deceased in the hospital and after examining the deceased Doctor declared the deceased as dead.
He further submitted that after looking the conduct of the present applicant, he is not entitled to release on bail.
After considering the facts and circumstances of the case and submissions of learned counsel for both parties, I am of the opinion that at this stage the applicant is not entitled for bail.
The bail application is accordingly rejected. Order Date :- 27.11.2019 Asha