This court rejected a bail application filed by Mauji @ Mohar Singh, the Jeth of the deceased, in a murder case involving suspected dowry death in Uttar Pradesh.
Bail application rejected. Applicant not enlarged on bail.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3923 of 2020
Applicant :- Mauji @ Mohar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rohit Kumar Pandey,Araf Khan,Lihazur Rahman Khan Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Supplementary affidavit filed today be kept on record.
Heard Sri Araf Khan, Advocate, Sri Lihazur Rahman Khan, learned counsel for the applicant and the learned A.G.A
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Mauji @ Mohar Singh seeking enlargement on bail during trial in connection with Case Crime No. 408 of 2018, under Sections 364, 120-B, 302, 201 I.P.C., registered at P.S. Bahjoi, District Sambhal.
As per the prosecution case it is clear that the applicant is Jeth of the deceased. As per the F.I.R, marriage of Smt. Kamlesh was solemnized with Hom Singh about six years back. After marriage there was a demand of Rs. 1 lakh and a motorcycle as dowry due to which Smt. Kamlesh used to be tortured for which an F.I.R being Case Crime No. 161 of 2016 under Section 498A, 323, 506 I.P.C. was got registered which is still pending. Proceedings under Domestic Violence Act were also initiated which are also pending. Subsequently, due to the interference of relatives about two and a half months back compromise was arrived into and the deceased was sent back to her matrimonial house.
Later on, on 07.07.2018 the deceased called up the first informant and informed that the family members of her husband have assaulted her. Subsequently, when the first informant reached the maternal house of the deceased on 08.07.2018 at about 06:00 a.m. he did not find any one there and even the animals and the household articles were not present to which the villagers informed him that they had left house in the night only and went away somewhere. It was further mentioned in the F.I.R that the first informant has suspicion that the accused persons have killed his daughter, taken away the animals and household articles and have absconded. Even the four year son of his daughter is not traceable. The body of the deceased is not traceable.
Learned counsel for the applicant argued that the applicant is
Jeth of the deceased. He lives separately as has been stated in paragraph 2 of the supplementary affidavit. He has further argued that in the case which was lodged earlier under Section 498-A I.P.C. and other sections, the applicant has been falsely implicated.
Learned A.G.A to the contrary argued that the applicant along with other co-accused persons have committed the said offence, even dead body of Smt. Kamlesh could not be recovered, the conduct of the accused persons is that they vacated the house, left the household articles at some place & the animals were left at some other place and they tried to abscond, and as such the applicant does not deserve any sympathy and the present bail application be dismissed.
Having considered the aforesaid arguments it is clear that the applicant was previously involved in a matter under Section 498-A I.P.C. and other sections along with four other persons which has been mentioned in paragraph 2 in which he is on bail. The dead body of Smt. Kamlesh has not been recovered, the marriage is about six years old and the deceased had died in an unnatural circumstances in her matrimonial house. Even the conduct of the accused persons of vacating the house totally and running away shows the seriousness of the offence.
In my opinion, it is not a fit case for bail and is accordingly, rejected.
Order Date :- 3.2.2020 AS Rathor
(Samit Gopal,J.)
2 issues framed by the court
Whether the applicant is entitled to bail in a murder case involving dowry death where the body remains unrecovered.
Whether the accused's conduct of absconding and vacating the house justifies denial of bail.
1 provisions across 1 enactments
Mauji @ Mohar Singh
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
