Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16229 of 2021 Applicant :- Shekhar Opposite Party :- State of U.P.
Counsel for Applicant :- Sadaful Islam Jafri,Nazrul Islam Jafri(Senior Adv.) Counsel for Opposite Party :- G.A.,Akhilesh Tripathi,Atul Kumar Kushwaha
Hon'ble Raj Beer Singh,J.
Heard Sri Nazrul Islam Jafri, learned Senior Advocate, assisted by Sri Sadaful Islam Jafri, learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 02 of 2020, under Sections 498-A, 304-B and 3/4 D.P. Act, P.S. Tronica City, District Ghaziabad with the prayer to enlarge him on bail.
It has been argued by the learned Senior counsel for the applicant that applicant is husband of deceased and that he has not committed any offence. It has been submitted that marriage of deceased with applicant has taken place in 2017 and after that there was no complaint regarding any dowry demand and harassment. In postmortem report, the cause of death of deceased has been shown asphyxia as a result of ante-mortem hanging, which suggests that deceased has committed suicide. It was submitted that the father of applicant was in Home Guard, who has died in election duty, and in this regard mother of applicant has got compensation of Rs. 15 lakhs. Learned counsel submitted that deceased was insisting on getting Rs. 3 lakhs out of them and when refused, she has committed suicide. Learned counsel has also referred the record of whats-app messages of deceased of the same day, wherein she has not blamed anyone. It was further submitted that the brother and sister of applicant were also named in first information report but during investigation their involvement was found false and they were exonerated. Learned Senior counsel submitted that first information report has been lodged making false and baseless allegations and that applicant is languishing in jail since 05.01.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is husband of deceased and their marriage has taken place only two years prior to the incident. It was submitted that after the incident, no information was given to the parental family of deceased and that all the accused persons have fled from spot. Learned counsel for the informant has referred the statement of first informant and other witnesses and submitted that applicant and co-accused used to harass the deceased on account of demand of bullet motorcycle and Rs. 10 lakhs. It was submitted that applicant being husband is the main accused and there is sufficient evidence against him.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Shekhar is hereby rejected.
Order Date :- 29.7.2021 A. Tripathi