Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52818 of 2019 Applicant :- Sunil Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Manas Bhargava Counsel for Opposite Party :- G.A.,Shyam Shankar Shukla
Hon'ble Samit Gopal,J.
Sri Manas Bhargava, learned counsel for the applicant, Sri Ashwani Prakash Tripathi, learned AGA for the State are present. Sri Shyam Shankar Shukla, learned counsel for first informant is not present even when the case is called out in the revised list.
Heard learned counsels for the parties present and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Sunil Kumar, seeking enlargement on bail during trial in connection with Case Crime No.0117 of 2019, under Sections 498A, 304B I.P.C. and 3/4 D.P. Act, registered at P.S. Karari, District Kaushambi.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that there was never any demand of dowry by the applicant and his family members from the deceased. Learned counsel for the applicant while arguing has placed para-12 of the affidavit wherein it is stated that all the witnesses have stated that the death is by pressing neck for which there is specific recital in the paragraph and the statements which are collectively annexed as annexure no. 6 to the affidavit, the same are extracted herein below:-
"12. That the investigating officer has also recorded the statement of Nirmala Devi W/o Late Shiv Prasad, Smt. Neelu W/o Budani, Neetu D/o Shiv Prasad, Nanki W/o Late Shiv Avtar, Raju S/o Dayaram, Raj Karan S/o Rajaram, Rajaram S/o Babulal, Deshraj S/o Babulal, Smt. Maya Devi W/o Sukhkhu on 01.05.2019. It is relevant to state here that all the witnesses have stated that the deceased ( xyk nckdj tku l s ekj Mkyk x;k) has been killed by all the persons named in the F.I.R. A copy of the statements are collectively being filed herewith and marked as Annexure No. 6 to the affidavit."
Learned counsel for the applicant further placed before the Court para-16 of the affidavit and argued that the deceased committed suicide the same is extracted herein below:-
“16. That the deceased has committed suicide herself because the applicant has not taken her with him in the function of the family in which the applicant went alone and due to this reason the deceased was very much annoyed with the applicant and due to this reason she has committed suicide herself and all the allegations narrated in the F.I.R. are general in nature and there is no independent witness and no legal evidence against the applicant. It is further submitted that the applicant immediately contacted the family member of the deceased i.e. wife and informed regarding the incident.”
It is further argued that the applicant has no other criminal antecedents as stated in para-20 of the affidavit and is in jail since 25.4.2019. Learned counsel for the applicant has pointed out that co-accused Budhdhi Devi (mother-in-law) and Gunjan(sister-in-law) have been granted bail by a co- ordinate Bench of this Court vide orders dated 27.5.2019 and 21.5.2019 passed in Criminal Misc. Bail Application No. 21984 of 2019 and Criminal Misc. Bail Application No. 21113 of 2019 respectively, copies of which are collectively annexed as annexure no. 9 to the affidavit.
Per contra, learned AGA has opposed the prayer for bail and argued that consistent case of the prosecution is that neck was pressed as a result of which the deceased died which gets corroborated from the post mortem report, copy of which is anenxed as annexure no. 4 to the affidavit in which the doctor found two injuries one being a contusion and the other being an injury mark on the neck and the cause of death was opined as asphyxia due to pressure by hard object. It is argued that the death of the deceased was within seven years of marriage and to be more specific after one and half years of marriage at her matrimonial house for which there is no explanation coming forward from the side of the applicant and hence, the bail application be rejected.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, nature of evidence, gravity of offence and particularly the death of the deceased caused due to pressing of neck by hard object as per post mortem report of the deceased, I am not inclined to release the applicant on bail.
Accordingly, 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.
(Samit Gopal,J.) Order Date :- 6.1.2021 Naresh