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Allahabad High Court · body

2015 DIGILAW 3190 (ALL)

Sohrab Khan v. State of U. P.

2015-10-09

BACHCHOO LAL

body2015
JUDGMENT Bachchoo Lal,J. 1. This bail application has been moved on behalf of the applicant Sohrab Khan who is involved in Case Crime No. 77 of 2012, under sections 302 IPC, P.S. Kayamganj, District Farrukhabad. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. Learned counsel for the applicant submits that the applicant is husband of the deceased. The marriage of the applicant was solemnized with the deceased about ten years ago. The applicant has not committed the murder of the deceased. The shamina daughter of the applicant is said to be eye witness of the alleged incident. Her statement has been recorded as P.W. 3 in which she has not supported the prosecution version. There is no other cogent evidence against the applicant. In fact some miscreants have entered in the house of the applicant for the purpose of the theft and they have killed the wife of the applicant and also caused injury to the applicant. The false FIR has been lodged against the applicant. The applicant has no criminal history and he is in jail since 1.2.2012. 4. Per contra; learned A.G.A. has opposed the prayer for bail and argued that the applicant is husband of the deceased. The deceased died in the house of the applicant. No satisfactory explanation has been given on behalf of the applicant with regard to the death of the deceased. In first information report the daughter of the applicant namely Shamina has been shown as eye witness. In postmortem report the cause of death has been shown asphyxia as a result of smothering. The applicant has committed the murder of the deceased. The prosecution evidence is still continue, therefore, the applicant is not entitled for bail. 5. 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. 6. Consequently, the prayer for bail of the applicant Sohrab Khan is hereby refused and the bail application is rejected. 7. However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of 8 months from the date of the production of the certified copy of this order, if there is no legal impediment.