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Allahabad High Court · body

2013 DIGILAW 2394 (ALL)

Dinesh Chanda v. State of U. P.

2013-09-24

SHASHI KANT GUPTA

body2013
Shashi Kant Gupta, J.;— Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. The applicant has applied for bail in case crime no. 312 of 2012 under sections 498A, 304B IPC ad 3/4 D.P.Act, P.S. Tirwa District Kannauj. 3. It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the applicant is husband of the deceased and their marriage was solemnised on 4.12.11 and, according to prosecution, she was done to death on 5.1012 for non fulfilment of demand of dowry. It was further submitted that neither the applicant demanded any dowry nor tortured the deceased for non fulfillment of any dowry etc. as alleged by the prosecution and was living with the deceased peacefully and as such there was no occasion for having any motive to commit the alleged offence. He further submitted that the alleged occurrence had not taken place in the manner as alleged by the prosecution and the true fact is that the deceased, under the heat of moment following a spat with the applicant, committed suicide by taking some poisonous substance for which the applicant can not be held responsible. He further submits that no offence as alleged by prosecution has been committed by the applicant and with a view to harass, victimise, and black mail him, the present prosecution has been launched against him by cooking up absolutely a false, fictitious and highly unbelievable story. He further submits that the applicant has got no criminal history to his credit and there are no chances of his fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 11.10.12. 4. Per contra, learned A.G.A. vehemently opposed the bail application and in support of his contention he relied upon the various documents including the statements of the witnesses recorded under section 161 Cr.P.C. He further submitted that immediately after marriage the applicant and his family members started demanding additional dowry and when their demand could not be fulfilled, they started torturing the victim in the most inhumane manner and made her life a hell and ultimately she was done to death by hanging her. He further submits that the applicant was husband of the deceased and the deceased died merely within eleven months of her marriage. He further submits that the applicant was husband of the deceased and the deceased died merely within eleven months of her marriage. He further submitted that, as per post mortem report, the viscera report was preserved and according to the viscera report dated 20.3.13, "Aluminium phosphate" was found. It was further contended that the applicant, being the husband of the deceased, can not escape of the consequences arising from the doing of the act and, therefore, he does not deserve any sympathy or leniency and his bail application is liable to be rejected outrightly. 5. In view of the facts and circumstances of the case, and having regard to the nature and gravity of the offence, no case for bail is made out. The prayer for bail is declined and the bail application is rejected. 6. However, the concerned court is directed to expedite the trial and conclude the same expeditiously keeping in view the provisions of Section 309 Cr.P.C. _____________