High Court dismissed a bail application filed by a husband accused of murder. The court noted contradictions between the suicide plea and the post-mortem report indicating throttling injuries and refused bail due to the gravity of the offence.
Bail prayer dismissed; trial to be concluded within six months.
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Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47230 of 2022
Applicant :- Hariom Goswami Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 205 of 2021, under Sections 302, 201 IPC, Police Station Sayedraja, District Chandauli, during pendency of trial.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has next submitted that applicant is the husband of the deceased and was married to the deceased about 15 years ago and is having three children aged about 12, 10 and 7 years.
Learned counsel for the applicant has next submitted that deceased was a short tempered lady and as such, she had committed suicide within the four corners of the house of the applicant.
Learned counsel for the applicant has next submitted that the applicant is in jail since 30.10.2021 and as such, he may be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail and has drawn the attention of the Court to the post-mortem report, wherein the Doctor has noted that the cause of death to be asphyxia as a result of antemortem throttling and as many as four contused injuries has been found on the person of the deceased, for which, no explanation has been given by counsel for the applicant.
Having considered the rival submissions made by learned counsel for the parties and on perusal of the record, it is evident that deceased is the wife of the applicant and died within the four corners of his house. As per the postmortem report, the Doctor has noted the cause of death to be asphyxia as a result of ante-mortem throttling and as
many as four contused injuries has been found on the person of the deceased, for which, there is no explanation given by counsel for the applicant.
The submission of counsel for the applicant is that the victim committed suicide is in sharp contradiction to the cause of death, mentioned in the post-mortem report.
Looking to the gravity, seriousness of the offence and societal impact, I am not inclined to grant the bail to the applicant at this stage. Present bail application is devoid of merit and is accordingly dismissed.
However, trial court is expected to make all endeavours to conclude the trial within a period of six months from the date of receipt of certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no other legal impediment in concluding the trial.
Order Date :- 25.11.2022 Nadim
Digitally signed by NADIM ALAM Date: 2022.11.25 17:19:24 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the appellant who is charged with murder under Section 302 IPC and suspicion of foul play in death.
Hariom Goswami
State of U.P.
Rajiv Gupta
Nadim
As recorded by the court registry
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