Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20749 of 2021 Applicant :- Sachin Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Matter taken up through Video Conferencing.
Heard Sri Ashok Kumar Singh Bais, learned counsel for the applicant and Sri Virendra Kumar Maurya, learned A.G.A. for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Sachin, seeking enlargement on bail involved in Case Crime No. 769 of 2019, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, registered at Police Station Sadar Bazar, District Saharanpur.
Learned counsel for the applicant argued that although the applicant is the husband of the deceased but he has been falsely implicated in the present case. It is argued that the deceased Smt. Sangita committed suicide and died. It is further argued that there are general allegations levelled against all the accused persons being six in number including the applicant named in the first information report. It is next argued that there was no cruelty meted out to the deceased soon before her death and there was no complaint at any point of time regarding any demand of dowry or torture to her. It is further argued that except for the ligature mark, there is no bodily injury received by the deceased and the cause of death as opined by the doctor is Asphyxia as a result of antemortem hanging. It is argued that the deceased was living in frustration due to some sad situation in her parental family and, therefore, she committed suicide. Paragraph 8 of the affidavit has been placed to buttress the said argument. The applicant is in jail since 22.10.2019.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is the husband of the deceased and the death of the deceased took place within two years of marriage in an unnatural manner in her matrimonial house. It is argued that the explanation as is being tendered by the applicant who is the husband of the deceased is wholly untrustworthy and does not in any manner transpire confidence. It is prayed that the bail application be rejected.
After hearing the learned counsel for the parties and perusing the record, it is apparent that the applicant is the husband of the deceased. The death of his wife took place within two years of marriage. The death is unnatural in her matrimonial house and the reason for committing suicide as is being pleaded in paragraph 8 of the affidavit has no corroboration and does not inspire any confidence.
Looking to the facts and circumstances of the case, I do not find it a fit case for bail, hence, 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.
Order Date :- 24.5.2021 AS Rathore Digitally signed by Justice Samit Gopal Date: 2021.05.25 16:57:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad