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Ravi Bharti vs State Of U.P. on 15 April, 2019


?Court No. – 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. – 15029 of 2019

Applicant :- Ravi Bharti

Opposite Party :- State Of U.P.

Counsel for Applicant :- Prakash Chandra Srivastava

Counsel for Opposite Party :- G.A.

Hon’ble Bachchoo Lal,J.

This bail application has been moved on behalf of the applicant Ravi Bharti who is involved in Case Crime No. 192 of 2018, under section 498A, 304B, 302, 504 IPC and 3/4 D.P. Act, P.S. Jahanabad, District Pilibhit.

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 deceased on 26.1.2017. In FIR it has been mentioned that prior to this incident the father of applicant and cousin of applicant namely Suresh have thrown the father of deceased from roof. Thereafter, on 28.5.2018 the applicant and other co-accused have committed the murder of the deceased. There is no eye witness of the alleged occurrence. Father of applicant and cousin Suresh have not thrown the father of deceased from roof and in this regard no FIR or any complaint was made on the side of deceased’s family. Only to give colour false story has been concocted by the informant. In fact, 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 of the deceased has been shown asphyxia as a result of ante mortem strangulation. There is general allegation against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 11.1.2018.

On the other hand; learned A.G.A. has opposed the prayer for bail and argued that in FIR it has been mentioned that the applicant and other co-accused harassed and tortured to the deceased for non fulfillment of demand of dowry of Rs. 5 lacs. The deceased died an unnatural death within 1 and 1/2 year of her marriage. In postmortem report a ligature mark has been found on the neck of the deceased and cause of death of the deceased has been shown asphyxia as a result of ante mortem strangulation. The applicant is husband of the deceased who is more responsible for the 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 Ravi Bharti is hereby rejected.

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

Order Date :- 15.4.2019




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