Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52003 of 2019 Applicant :- Ramesh Chandra Opposite Party :- State of U.P.
Counsel for Applicant :- Agnivesh,Jadu Nandan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The accused-applicant is involved in Case Crime No.233 of 2019 under sections 498-A, 323, 304-B IPC and Section 3/4 Dowry Prohibition Act, Police Station Kamalganj, District Farrukhabad.
The applicant is the father-in-law of the deceased. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case and he has not committed any offence as alleged in the first information report. It has been submitted that there is no specific allegation against the applicant in the first information report. As per postmortem report, cause of death of the deceased has been shown asphyxia as a result of antemortem hanging. The deceased has committed suicide herself. There are two minor children from the wedlock of the deceased and her husband. The case of the applicant is distinguishable from the case of the husband of the deceased. It has also been submitted that the mother - in law of the deceased has been granted bail by this Hon'ble Court vide order dated 18.11.2019 passed in Bail Application No. 49853 of 2019. It has been submitted that there are no specific role assigned to the present applicant and the applicant is an old person and is languishing in jail since 29.08.2019.
Learned AGA has vehemently opposed the submissions made by the learned counsel for the applicant and submitted that there are specific role assigned to the applicant in the first information report. He has made a call to the informant and stated that since you have not fulfilled the demand of Rs.5.00 lakhs, we have killed your daughter. The applicant is the named accused and a charge-sheet has also been filed against him. The burden is upon the applicant himself to explain as to under what circumstances, the occurrence in question took place. Upto this stage, there is no such material on the record on the basis of which it can be presumed that the applicant is innocent. Referring to the complicity of applicant-accused and in light of the material on record, the learned A.G.A. vehemently submits that no case for bail is made out and the bail application of the present applicant is liable to be rejected.
Heard learned counsel for the applicant, learned AGA and perused the record.
Upon careful scrutiny of the case what this Court observes is that there are specific allegations of demand of Rs.5.0 lacs as dowry and inflicting of cruelties upon the deceased in the present FIR. The victim died an unnatural death and the cause of death opined by the doctor, who conducted the Postmortem is due to asphyxia consequent upon ante- mortem hanging.
Having considered the submissions made by the learned counsel for the applicant, the learned A.G.A. for the State and upon perusal of the evidence brought on record as well as looking to the seriousness of the allegations as made in the FIR, gravity of the offence and severity of the punishment, no case for grant of any indulgence is made out.
I do not find any good reason to exercise my discretion in favour of the accused applicant.
Thus, the bail application stands rejected.
Order Date :- 27.11.2019 VNP/-