Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15464 of 2018 Applicant :- Shalendra Kuswaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Indra Mohan Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Indra Mohan Singh, learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant-Shalendra Kuswaha seeks bail in Case Crime No.458 of 2017, under Sections 498-A, 304-B I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Ram Kola, District Kushinagar.
It has been argued by the learned counsel for the applicant that the applicant is the husband of the deceased and has been falsely implicated in the present case by the first informant. It has been argued that the deceased died while cooking food as when she lighted the gas, on account of some leakage, she got burnt and succumbed to the injuries.
However, I find from the post mortem report that smell of kerosene oil was present on the dead body of the deceased. She has sustained 100 per cent burn injuries. Even the site-plan indicates that the incident did not take place inside the kitchen and it is not established that injuries were sustained by the deceased accidentally while cooking food.
In the facts and circumstances of the case,I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 26.4.2018 MN/-