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Allahabad High Court · body

2016 DIGILAW 3146 (ALL)

Neeraj Prajapati v. State of U. P.

2016-09-14

KARUNA NAND BAJPAYEE

body2016
JUDGMENT Karuna Nand Bajpayee, J. Counter affidavit filed by the learned AGA is taken on record. This application has been filed seeking the release of the applicant on bail in Case Crime No. 254 of 2014 u/ss 498A, 304B IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Bidhanoo, District- Kanpur Nagar . Heard learned counsel for the applicant and learned A.G.A. 2. Submission of learned counsel for the applicant is that actually the deceased had died as a result of encephalitis and she was treated for the same for a long period of time in various hospitals by the applicant. Learned counsel for the applicant has tried to show certain medical papers regarding her treatment. Further submission is that therefore, it does not appear to be a case of dowry death and, therefore, the applicant should be released on bail. 3. Learned AGA has opposed the prayer for bail and has drawn the attention of the Court to the allegations made in the FIR, according to which, the applicant along with other co-accused kept demanding additional dowry and also committed cruelty upon the deceased and there is also allegation that some poisonous substance was administered to the deceased. Learned AGA has also drawn the attention of the Court towards the viscera report of the deceased, according to which, aluminium phosphide has been found in the viscera of the deceased. Further submission is that the Chemical Examiner Report is confirmatory in nature leaving no doubt and actually the deceased died due to consumption of some poison. Further submission is that the death of the deceased occurred within 7 years of the marriage and the death of the deceased was also unnatural. The applicant is the husband of the deceased, who was having principal responsibility to ensure welfare and safety of his wife and is also having onus to explain the unnatural death of his wife for which he has utterly failed. Instead of coming forward with explanation for the unnatural death , false plea appears to have been raised and the plea of death as a result of some disease stands completely rebuffed by the findings of the viscera report which proves consumption of poison. Further submission is that in such circumstances, no liberal view is called for. 4. Instead of coming forward with explanation for the unnatural death , false plea appears to have been raised and the plea of death as a result of some disease stands completely rebuffed by the findings of the viscera report which proves consumption of poison. Further submission is that in such circumstances, no liberal view is called for. 4. Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected. 5. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.