The Court rejected a bail application in a murder case under Section 302 IPC involving the death of a daughter in her in-laws' house, holding that without an expressed opinion on merits, bail cannot be granted when the deceased died unnaturally.
Application for bail rejected; trial to be concluded within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15048 of 2019
Applicant :- Akhlakh Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Tiwari,Chandra Bhushan Tiwari,Raj Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0296 of 2018 under Section 302 IPC, Police Station - Kopaganj, District Mau with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant against the death of his daughter Nusharat Jahan. It was also mentioned in the FIR by the complainant that his daughter was married to Akhlakh Ahmad (applicant) in the year 2005 and he received a telephonic call in the morning of 10.11.2018 at about 6:00 A.M. that Nusharat is seriously ill. At this information the complainant along with his wife and son reached sasural of his daughter and there he saw that dead body of his daughter Nusharat was lying at a cot. He has also mentioned in the FIR that on her neck there was a black mark of rope used to press her neck. It is also stated in the FIR that husband of deceased was demanding Rs. 1 Lakh for establishing a power loom and due to non-fulfillment of her demand, the applicant committed murder of complainant's daughter.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is also submitted that at first, an information was given by the complainant to the police on 10.11.2018 wherein it was not mentioned that complainant's daughter was murdered and thereafter FIR of this incident was lodged on 13.11.2018 alleging that his daughter was murdered by accused applicant. Learned counsel has further submitted that deceased Nusharat has died due to accidental injuries caused during the operation of the power loom installed in her house. Learned counsel for the applicant has further submitted that accused is in jail since 15.11.2018 and the trial in Trial Court has yet not completed, in such a situation, the applicant cannot be made to suffer imprisonment for an indefinite period. The learned counsel has lastly argued that the from the medical report of the deceased it is evident that doctor has not mentioned whether thyroid bone was fractured or intact, thus, the medical evidence does not support the prosecution case set up against the applicant. In case the applicant is enlarged on bail, he will not misuse the liberty of bail.
On the other hand, the learned A.G.A. has vehemently opposed the prayer for bail. He submits that the deceased was done to death by the accused or his family members and his dead body was found in the house of the accused. It was duty of the accused to tell how she accidentally died because the deceased was not having accidental injuries. There was no other injury on the person of the deceased; she was having one ligature
mark horizontal continon and below thyroid of length 19 cm x 1.5 cm (base of mark is brownish and soft): ligature mark 8 cm below left ear and 7 cm below Right ear 2 abrasion right writ joint. The doctor has opined that death was caused due to asphyxia as a result of ante-mortem strangulation.
After considering the rival submissions of the learned counsel for the parties and considering the facts and circumstances of this case that the deceased has died unnatural death in her in-laws' house, this Court, without commenting anything on the merit of the case, is not obliged to grant bail to the applicant.
The bail application is rejected. However, it is directed that trial of this case shall be concluded by the trial Court within six months after the resumption of normal functioning in District Courts.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.11.2020 LBY
2 issues framed by the court
Whether the applicant accused in a murder trial is entitled to bail pending completion of trial.
Whether the facts and circumstances of an unnatural death warrant bail to the accused.
Akhlakh Ahmad
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
