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2022 DIGILAW 39 (ALL)

Mukesh @ Manishwar Kushwaha v. State of U. P.

2022-01-07

OM PRAKASH TRIPATHI

body2022
JUDGMENT : Om Prakash Tripathi, J. 1. Heard Sri Ajay Kumar Kashyap, learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant-Mukesh @ Manishwar Kushwaha with a prayer to enlarge him on bail in Case Crime No. 277 of 2021 under Sections 498A, 304B, 323, 504 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station-Kotwali Padrauna, District-Kushi Nagar, during pendency of trial. 3. In the first information report it has been alleged that, on 02.07.2021, one FIR was lodged by the informant's wife against the applicant and other accused. After lodging of the FIR, parties had entered into compromise before village Pradhan. Subsequently on 11.06.2021, applicant with the consent of their family members married with daughter of the first informant and live in a rented house. After marriage, in-laws of the victim started taunting and abusing her for additional demand of dowry. On 02.07.2021, applicant along with other accused gave poison to the victim with the intention to kill her, as a result of which, she died. 4. Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. Applicant and deceased have love affair with each other due to which she became pregnant. When the family members of the victim have to knowledge about the pregnancy, they lodge FIR against the applicant and his family members. It is alleged that there is no allegation against the applicant to kill anyone. The applicant has not caused any injury to anyone. Present case has been lodged only for the harassment of the applicant. Applicant is languishing in jail since 20.07.2021. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. 5. Per contra, learned A.G.A. has vehemently opposed bail prayer of the applicant by contending that innocence of the applicant cannot be adjudged at this stage. Deceased was about 19 years of age and she gave birth of child 15 days prior to the incident. It is not expected by a mother to commit suicide after leaving her infant child of 15 days. Deceased was about 19 years of age and she gave birth of child 15 days prior to the incident. It is not expected by a mother to commit suicide after leaving her infant child of 15 days. In the Viscera Report, there is aluminium phosphide poison was found in spleen, kidney, liver, intestine and stomach of the victim. She was maltreated by her husband prior to the incident. Although, there is no mark of injury on the body of the deceased in the postmortem report. Thus, the offence committed by the applicant is of serious nature, hence the applicant is not entitled for bail at this stage. 6. Having considered the submissions made by the learned counsel for the applicant and learned A.G.A. for the State and upon perusal of the evidence brought on record as well as considering the complicity of the accused, I do not find any good reason to exercise my discretion in favour of the accused applicant, thus the bail applicant is stands rejected at this stage. 7. The bail application is, accordingly, rejected. 8. The trial Court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible from the date of receipt of certified/computerized copy of this order, keeping in view the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another reported in AIR 2018 (SC) 2440 , if there is no legal impediment.