Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30581 of 2021 Applicant :- Ravishankar @ Ravi Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Singh,Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Dinesh Kumar Singh, learned counsel for the applicant and Sri Raj Kumar Gupta, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Ravishankar @ Ravi seeking enlargement on bail during trial in connection with Case Crime No. 112 of 2021, under Sections 498- A, 304-B, 201 IPC and Section 3/4 D.P. Act, registered at P.S. Sadabad, District Hathras.
Learned counsel for the applicant argued that the applicant is the jeth of the deceased. It is argued that the applicant is living separately from that of his brother and the deceased and is having separate kitchen. The photocopy of the Antyodaya ration card has been placed before the Court which is annexed as annexure 5 and para 12 to the affidavit has been placed to buttress the said arguments. It is further argued that the deceased Smt. Vineeta was a patient of chronic typhoid and was also suffering from heart ailment due to which she died on 18.03.2021 and an information about her death was communicated to her family members after which her father, brother and near relatives came to her matrimonial house and were present during the cremation ceremony but even after that the present First Information Report has been registered with a false and concocted version as they were demanding money from the applicant and his family members. It is argued that the entire case is a false case. Learned counsel has further placed the affidavit of the mediator of the marriage which is annexed at page 52 and has argued that he has stated that the marriage was without dowry and the deceased died a natural death and her cremation was performed in front of her family members. Further, the affidavit of a doctor has been placed which is annexed at page 58 and it is argued that the doctor has stated that she was suffering from chronic typhoid and heart ailment for which she had taken medicines from him about two and half months back. It is argued that as such the prosecution case is false and concocted and the deceased died a natural death. He further argued that the applicant has no criminal history as stated in para 17 of the affidavit and is in jail since 20.03.2021.
Per contra, learned AGA for the State opposed the prayer for bail and argued that the marriage of the deceased with Giriraj Singh was solemnized on 30.06.2020. The incident in the present matter is dated 18.03.2021 which is after about nine months of the marriage. It is further argued that there is no evidence on record to show the cause of death of the deceased as the dead body was cremated and was not even subjected to postmortem examination. It is further argued that although the ration card is being placed to show separate living but from perusal of the same, it is evident that the address therein is the same as that of the husband and other co-accused persons and as such cannot be said that the applicant was living separately. It is further argued that the affidavits which are being relied are the matter of trial and the version can only be appreciated after evidence. It is further argued that there are allegations in the First Information Report against the applicant and the other accused persons. It is argued that there is no reason for false implication of the applicant and as such the prayer for bail of the applicant be rejected.
I have heard learned counsel for the parties and have gone through the records, it is evident that the applicant is named in the First Information Report. The deceased died within nine months of the marriage in her matrimonial house. There is no document on record to show as to how the deceased died in her matrimonial house. The version in affidavits as placed are matter of trial when the witness appears before the trial court. The postmortem examination could not be conducted as the dead body was cremated. I do not find it a fit case for bail.
Considering the totality of the case in particular, nature of evidence available on record, I am not inclined to release the applicant on bail.
The bail application is, accordingly, 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.
Order Date :- 16.8.2021 M. ARIF (Samit Gopal, J.)