Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12581 of 2021 Applicant :- Pushpendra @ Posaki Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.,Vivek Sharma
Hon'ble Om Prakash-VII,J.
Heard Sri Santosh Kumar Singh, learned counsel appearing for the applicant, Sri Vivek Sharma, learned counsel for the informant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 234 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D. P. Act, Police Station Adampur, district Amroha.
Submission of the learned counsel appearing for the applicant is that applicant is innocent and has not committed the present offence. It is further argued that although applicant is husband of the deceased yet cause of death of the deceased is ante mortem hanging. Nothing specific was mentioned in the FIR regarding demand of dowry or causing cruelty or harassment. Deceased committed suicide herself. Dead body of the deceased was seen for the first time by the sister of the deceased. Thereafter dead body was taken off. Referring to the medical evidence it is also argued that no prima facie case is made out against the applicant. It is a case of suicide. It is further argued that applicant is in jail since 01.07.2020 having no criminal history.
Learned A.G.A. as well as learned counsel for the informant argued that applicant is husband of the deceased. FIR was lodged on the same day of the incident. Applicant was involved in raising demand of dowry and causing cruelty and harassment and due to that reason she committed suicide. Death of the deceased is unnatural and within two years of her marriage. Thus, all the ingredients of the offence under Section 304-B IPC are clearly available.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as statement of the witnesses the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 30.7.2021 Sachdeva