Sapna v. State of U.P.

Neutral Citation No. - 2023:AHC:229097

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49198 of 2023

Applicant :- Sapna Opposite Party :- State of U.P. Counsel for Applicant :- Sajiya Parveen Counsel for Opposite Party :- G.A.,Shiv Shankar Kaithal

Hon'ble Dr. Gautam Chowdhary,J.

1. Heard Ms. Sajiya Parveen, the learned counsel for the applicant, learned A.G.A for the State and perused the record.

1. Learned counsel for the applicant submits that applicant is the wife of the deceased and she is innocent and has falsely been implicated in the present case. Learned counsel further submits that as per the F.I.R., after reaching of the deceased, who is son of the complainant to the parental house of his wife for taking her to her matrimonial house, he received an information that his son is seriously ill and is under treatment in a hospital at Firozabad and till he reached there his son has died and after cremation when he went to the matrimonial house of his son then it was informed to him that his son reached at his matrimonial house before 2-3 days from her death to take his wife, where some hot talk took place between him and the family members of the applicant and he was also abused by them by saying that his wife will not go with him, on account of which he consumed some poisonous substance and died. Learned counsel for the applicant further submits that since cause of death of the deceased could not be ascertained hence viscera was preserved. Learned counsel for the applicant further submits that F.I.R. was lodged after five days of the incident without any plausible explanation of delay and after due consultation and deliberations. Learned counsel for the applicant further submits that the Investigating Officer recorded statement of driver of ambulance, who in his statement recorded before the police has stated that on 01.06.2023 he received a phone call made from the applicant who told that he is feeling stomach pain and when he reached there the deceased came into ambulance alone and thereafter he admitted him to the hospital. Learned counsel for the applicant further submits that on 01.06.2023 when the deceased was admitted in the hospital he was suffering from abdominal pain and when his condition became deteriorated the deceased was referred to the District Hospital. Learned counsel for the applicant further submits that