Babloo v. State of U.P.

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7909 of 2019

Applicant :- Babloo Opposite Party :- State Of U.P. Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Swetashwa Agarwal, learned counsel for the applicant as well as Sri G.P. Singh learned AGA for the State and perused the material placed on record.

This bail application has been moved seeking bail in Case Crime No.402 of 2018 under sections 302, 328 I.P.C., Police Station Kharkhauda, District Meerut, during the pendency of trial.

As per FIR, the daughter of informant was married to accused Babloo nine years ago who was being tortured by being beaten up although she was one month pregnant. She has been killed by being given poison. The accused applicant Babloo had illicit relation with his Bhabi which was being opposed by the deceased.

It is argued by the learned counsel for the applicant that the applicant has been falsely implicated. No poisonous substance was administered to the deceased by the applicant. She has taken poisonous substance herself. In this regard, he has drawn the attention of the Court towards statement of the daughter of the deceased, which is at page-58 of the paper book in which it is stated by her that the accused used to suspect the character of the deceased because of which quarrel had happened between them and the applicant had slapped 3-4 times the deceased and thereafter she consumed poison. He has also drawn attention of the court towards post-mortem report and has argued that there is no injury in the post-mortem of the deceased except that in viscera report, which is annexed with the counter affidavit filed on behalf of the State, insecticide has been found to be cause of the death. It is further argued that the deceased has died in hospital where she was admitted by the accused himself. He has no criminal history and is languishing in jail since 7.9.2018.