Heard Sri Anand Ji Mishra, learned counsel for the applicant, Sri Ashwini Prakash Tripathi, learned A.G.A. for the State and perused the material on record.
Sri Ashwini Kumar Srivastava and Sri Akhilesh Kumar Pandey, learned counsels for the first informant are not present even when the matter has been taken up in the revised list.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- [email protected] Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 63 of 2018, under Sections 304B, 498A I.P.C. and 3/4 D.P. Act, registered at P.S. Mundali, District Meerut.
Learned counsel for the applicant argued that although the applicant is husband of the deceased, who has been falsely implicated in the present case. It is argued while placing para-5 and 6 of the affidavit in support of bail application, that the deceased committed suicide as she was in love with a boy before marriage and the marriage with the applicant was against her will, which was communicated by her to the applicant. It is argued that even perusal of the post mortem examination report would go to show that the prosecution case of administering 'acid' to the deceased by the accused persons is false as no other injury whatsoever was found on the body of the deceased and even on the accused persons. It is argued that the said fact would in all probabilities go against the prosecution as in a case of forceful administration of 'acid' the deceased and the accused persons not receiving any other injury is impossible. It is argued that the applicant has no criminal history as stated in para-37 of the affidavit and is in jail since 12.2.2018.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicant is husband of the deceased and the death of the deceased was in her matrimonial house after six month of marriage. It is argued that lips and mouth of the deceased was found to be burn of acid and even in the viscera a corrosive substance being 'Sulphuric Acid Poison' was found present and hence, bail application be rejected.
Looking to fact and circumstances of the case, nature of evidence and gravity of offence, I do not find it a fit case to release the applicant on bail.
Accordingly, 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 :- 22.1.2021 Naresh