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Mansha Ram vs State Of U.P. on 4 September, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH

?Court No. – 14

Case :- BAIL No. – 9905 of 2018

Applicant :- Mansha Ram

Opposite Party :- State Of U.P.

Counsel for Applicant :- Rama Kant Dixit

Counsel for Opposite Party :- G.A.

Hon’ble Anant Kumar,J.

Inspite of giving sufficient time, even last opportunity counter affidavit has not been filed.

Heard learned counsel for the applicant, 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.98 of 2018, under Sections 498A, Section306, Section201, Section504, Section506, Section352 I.P.C., Police Station Gilaula, District Shrawasti.

As per version of F.I.R. applicant is husband. It is stated that he along with his family members was constantly torturing the deceased. This fact was disclosed by the deceased to the complainant on the mobile phone. On 31.05.2018 also complainant received a phone call in the morning at 8.00 A.M. from the deceased who stated that present applicant and other family members are constantly tortured her. However, the complainant had assured her that he would come within one or two days to pacify the matter. On the same day, at 11.33 A.M. complainant again received information that his daughter committed suicide by hanging. By the time complainant reached the house of the deceased body was already disposed of. In the bail application itself it is stated that on the date of occurrence deceased had gone to attend the natural call in the field of sugarcane where perhaps some snake or other poisonous animal had bite the deceased due to which she died and her body was found in the field of sugarcane when the search was made by the applicant and his family members.

From the contents of the bail application it is evident that death of the deceased was unnatural and it was the duty of the applicant to inform the police regarding the unnatural death so that the inquest and post mortem could have been done to ascertain the real cause of death. But the conduct of the applicant in hurriedly disposing of the body of the deceased creates a doubt. There is no material on record to substantiate the contents of paragraph 7 of the bail application. It is informed that the trial is in progress.

Considering the entire facts and circumstances of the case, I do not find it to be a fit case for granting bail. Accordingly, the bail application is hereby rejected.

Order Date :- 4.9.2019

ML/-

 

 

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