Allahabad High Court
Rajveer vs State Of U.P. on 3 February, 2021
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2703 of 2021 Applicant :- Rajveer Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard Sri Rahul Kumar Sharma, learned counsel for the applicant, Sri Ashutosh Pandey, learned counsel for the first informant, Sri Ashwani Prakash Tripathi, learned A.G.A. for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Rajveer seeking enlargement on bail involved in Case Crime No.113 of 2020, u/s 498-A, 304-B, 323 I.P.C and 3/4 D.P. Act, registered at Police Station Mursan, district Hathras.
Learned counsel for the applicant argued that the two real sisters are married with two brothers in the same family. The deceased was married to one of the brothers namely Jitendra whereas the other sister namely Sapna is also married to brother of the husband of the deceased. The allegation regarding demand of dowry from the deceased by the applicant and other family members is false and incorrect. It is further argued that there are general and omnibus allegations have been made in the first information report regarding demand of dowry against the applicant and her family members. It is further argued that the deceased committed suicide the said fact is mentioned in para no.16 of the affidavit, the said para is extracted herein below:-
"That actual fact of the case is that on the fateful day they were heated arguments between both the sisters for share of the property, it was the instant reason she had committed suicide. So she had given her statement to save herself."
It is further argued that the applicant is the father-in-law of the deceased and is not having any other criminal history as stated in para 12 of the affidavit and is in jail since 18.10.2020.
Per contra learned counsel for the first informant as well as learned A.G.A vehemently opposed the prayer for bail and argued that the averment made in para no.16 of the affidavit that the deceased committed suicide is totally incorrect as from the postmortem report it is clear that the deceased has received one injury being an abraded contusion on the right mandible region and the doctor opined her death due to asphyxia as a result of strangulation and as such the averment made in para no.16 that the deceased committed suicide is totally ruled out. The explanation regarding the death of the deceased as stated by the applicant is false and incorrect.
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.
(Samit Gopal, J.) Order Date :- 3.2.2021 Gaurav