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Ram Gopal vs State Of U.P. on 16 December, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 56022 of 2019

Applicant :- Ram Gopal

Opposite Party :- State of U.P.

Counsel for Applicant :- Sudhakar Yadav

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Ram Gopal who is involved in Case Crime No. 2385 of 2017, under Sectionsection 498A, Section304B IPC and Section 3/4 D.P. Act, P.S. Sindhauli, District Shahjahanpur.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased about 3 years back from the date of alleged incident. There was no dispute of demand of dowry. The applicant has not harassed or tortured to the deceased. In postmortem report the cause of death has been shown asphyxia due to ante mortem hanging. The deceased has committed suicide herself. The applicant has not compelled the deceased to commit suicide. It has further been submitted that during trial the statement of Salik Ram, father of the deceased has been recorded as P.W. 1 in which he has stated that there was no dispute of demand of dowry. The deceased was issue-less, therefore, she committed suicide. The applicant has no criminal history and is in jail since 25.10.2017.

Per contra; learned A.G.A. has opposed the prayer for bail and argued that the deceased died an unnatural death within 3 years of her marriage. In FIR it has been mentioned that the deceased was harassed and tortured for non-fulfillment of additional demand of Rs. 50,000/- and motorcycle in dowry. The deceased died in the house of applicant. It has further been submitted that the case is fixed for prosecution evidence and the prosecution evidence is still going on. The applicant is husband who is more responsible for safety and security of his wife, therefore, he is not entitled for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail.

Consequently, the prayer for bail of the applicant is refused and the bail application of the applicant Ram Gopal is hereby rejected.

However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of six months from the date of the production of the certified copy of this order, if there is no legal impediment.

Order Date :- 16.12.2019

Masarrat

 

 

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