Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49660 of 2020 Applicant :- Ram Singh Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Rajeev Kumar Singh, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 183 of 2020, under Sections 498-A, 304-B IPC and Section 3/4 D. P. Act, Police Station Gola, district Gorakhpur.
Learned counsel for the applicant submits that the applicant is innocent and has not committed the present offence. It is further argued that although the applicant is husband of the deceased yet cause of the death of the deceased is ante mortem injuries. Referring to the medical evidence it was also argued that deceased committed suicide herself. At no point of time applicant raised demand of dowry or caused any cruelty or harassment to the deceased. It was further argued that a female child was borne out from the wedlock of the deceased and the husband and except the applicant no one is to look after her. Mother as well as elder brother of the applicant both are blind. Since deceased was not willing to maintain and serve the mother and the elder brother of the applicant and the applicant always requested her to look after them, due to this reason she committed suicide. It was further argued that applicant is in jail since 26.06.2020 having no criminal history.
Learned A.G.A. argued that death of the deceased is unnatural and within seven years of her marriage. There is clear assertion in the FIR regarding the demand of dowry, causing cruelty and harassment in lieu of the said demand. Thus, a prima facie case is made out.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR as well as the fact that there is clear assertion in the FIR regarding demand of dowry, cruelty and harassment by the husband, the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 12.8.2021 Sachdeva