Allahabad High Court
Pradeep Kumar vs State Of U.P. on 30 June, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 43 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18996 of 2021 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Agrawal Counsel for Opposite Party :- G.A.,Bhagwan Dutt Pandey,Ram Pravesh Yadav Hon'ble Samit Gopal,J.
Matter taken up through video conferencing.
Heard Sri Arvind Agrawal, learned counsel for the applicant, Sri Phool Chandra Singh, learned A.G.A., Sri Bhagwan Dutt Pandey and Ram Pravesh Yadav, learned counsels for the first informant and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Pradeep Kumar, seeking enlargement on bail during trial in connection with Case Crime No. 176 of 2020, Under Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, Police Station-Eka, District-Firozabad.
Learned counsel for the applicant argued that applicant has been falsely implicated in the present case. It is argued that marriage of the applicant with the deceased was solemnized in November 2014 and as such, is about 6 years prior to the alleged incident. It is argued that present case is a case of suicide and even the Post-mortem report is suggestive the same as single ligature mark was found on the body of the deceased and cause of death has been shown as asphyxia as a result of antimortem hanging. Learned counsel for the applicant argued that in the present case, alleged incident took place on 15.10.2020 but the First Information Report has been lodged on 17.10.2020 which is after two days of the alleged incident and has not been explained. It is further aruged that the first informant is a witness to the inquest which was conducted on 15.10.2020 but even then no allegation or even suspicion was raised by him regarding the death being unnatural. It is argued that applicant is a Halwahi in Delhi and the deceased was lady of stubborn nature and she used to pressurize him to take her to Delhi which was refused by the applicant due to financial constraints and as such, she became annoyed and committed suicide. It is next argued by learned counsel for the applicant that applicant has no criminal history and he is languishing in jail since 13.01.2021.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that applicant is the husband of deceased and death of the deceased is took place witihin 7 years of marriage in her matrimonial house. It is further argued that even in the inquest in the column of the witnesses giving opinion about the reason of death it is stated that in-laws of the deceased have murdered her by strangulating her with Sari which would go to show at the very first instance a complaint was made to the Investigation Officer about unnatural death of the deceased but even after this there was no action on the part of the police the present F.I.R. has been registered.
After hearing both the parties and perusing the record, it is apparent that the applicant is the husband of the deceased and the death of deceased has took place within 7 years of marriage in her matrimonial house which is unnatural and inquest was conducted on the same date to which first informant was also a witness and the officer conducting the inquest was informed that incident has been committed by her in-laws by strangulating her with Sari.
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 :- 30.6.2021 Sachin (Samit Gopal,J.)