Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49427 of 2020 Applicant :- Vimlesh Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Prashant Verma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Exemption application is allowed.
Heard Sri Prashant Verma, learned counsel appearing for the applicant and learned A.G.A.
This bail application has been filed by the applicant to enlarge him on bail in case crime no. 320 of 2019, under Sections 323, 498-A, 304-B IPC, Section 3/4 D.P. Act, Police Station Allau, district Mainpuri.
Submission of the learned counsel appearing for the applicant is that the applicant is innocent and has not committed the present offence. It is further argued that offences levelled in the present matter are not attracted. Although the applicant is husband of the deceased but dead body of the deceased was found in the field. She had gone for natural call in the field. It appears that some unknown person committed the present incident. Referring to the contents of the FIR and post mortem report it was also argued that a general role has been assigned against the applicant. No complaint had ever been made regarding the demand of dowry prior to the present FIR. It is also argued that applicant is in jail since 30.12.2019 having no criminal history.
Learned A.G.A. argued that cause of death of the deceased is ante mortem strangulation. All the ingredients of the offence under Section 304-B are available in the present matter. Death of the deceased is not natural one. She died within seven years of her marriage. a prima facie case is made out. Thus prayer was made for rejection of the bail application.
Having considered the rival submissions, going through the entire record and also taking into consideration the contents of the FIR, the court is of the opinion that applicant has not made out a case for bail.
Bail Application is hereby rejected.
Order Date :- 27.7.2021 Sachdeva