Ram Karan Rajput v. State of U.P.

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5362 of 2020

Applicant :- Ram Karan Rajput Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

Second supplementary affidavit filed today is taken on record.

Heard Sri Amit Kumar, 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, Ram Karan Rajput, seeking enlargement on bail during trial in connection with Case Crime No. 169 of 2019, under Sections 302, 201 I.P.C., registered at P.S. Naraini, District Banda

Learned counsel for the applicant argued that the F.I.R is lodged by Smt. Gudia daughter of the deceased, Smt. Radha Lali in which she states that the applicant who is her father and husband of the deceased received an information on phone that her mother has committed suicide on which she along with her Jeth and Jethani went to her house wherein her sisters told her that her father had come in a drunk condition, had a fight with her mother at around 02:00 p.m. and then he pressed the neck of the deceased as a result of which she died and then she was hung with a sari. He argued that the present case is a case of suicide. The applicant has no motive to commit the offence. Even as per the prosecution version if taken to be true the applicant was in a drunk condition and hence his act will fall within the exception of Section 300 I.P.C. He further address the Court on the inquest of the deceased which was conducted on 12.09.2019 on the information of Chunni Lal the brother of the deceased in which also the reason for death as told by him to the police was suicide by using a sari. He further argues that the statement of Rajkumari recorded under Section 164 Cr.P.C. / Annexure- 6 goes to show that she also stated that the deceased committed suicide. He further argues that in the said statement the version that her father had told her that he has killed her mother and then hung him is incorrect. He claims false implication and then argues that at the most it may be the case of sudden quarrel. The applicant is in jail since 14.09.2019.