Criminal Miscellaneous Bail Application rejected. The High Court at Lucknow held that concealment of the deceased's death and cremation without informing family members rendered it not a fit case for granting bail in a case involving Sections 302, 498A IPC.
Bail application rejected.
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Neutral Citation No. - 2024:AHC-LKO:64447
Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1459 of 2024
Applicant :- Ashutosh Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. Counsel for Applicant :- Rajesh Kumar Shukla Counsel for Opposite Party :- G.A.,Anil Kumar Tripathi,Raghvendra Singh
Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the applicant, Sri Gyanendra Singh, learned A.G.A. for the State and Sri Raghvendra Singh, learned counsel for the complainant.
2. Learned counsel for the applicant does not want to file rejoinder affidavit to the counter affidavit filed by learned Additional Government Advocate.
3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.1479 of 2022 under Sections 498A, 302, 201 IPC, Police-Station Kotwali Sadar, District Lakhimpur Kheri.
4. It has been submitted by learned counsel for the applicant that marriage of the applicant was performed with the deceased in the year 2014 and no complaint was ever lodged by the deceased or his family members regarding harassment and dowry demand. He has submitted that applicant has been falsely implicated in the present case. Learned counsel for the applicant has submitted that due to household quarrel, deceased died and she was cremated by the applicant and his family members. There is no intention to kill the deceased, as such the applicant is entitled for bail.
missing report on 29.11.2022. Then again on 12.12.2022, he lodged the FIR after getting information that his daughter was killed by the applicant and his family members and took the dead body of the deceased to Garhmukteshwar in an ambulance and cremated there. The complainant was never informed regarding the said fact. He has submitted that death of the deceased is unnatural and neither the father of the deceased nor any member of his family was informed regarding such incident. He has further submitted that one Sweeper Abhishek has given a statement before the police under section 161 Cr.P.C. that he had seen at about 07.30 P.M. on 27.11.2022 taking the dead body of the deceased in Ambulance No. U.P.32 MN 8740 for cremation by the applicant and his family members. It has been submitted by the learned counsel for the complainant that death of the deceased is quite unnatural and the applicant did not inform about the death of the deceased neither to the complainant nor to his family members.
8.Bail application is accordingly rejected .
(Brij Raj Singh, J.)
Order Date :- 18.9.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving murder, dowry harassment and dishonour of cheque allegations.
Whether the concealment of death and cremation of the deceased by the accused without informing family members makes the case fit for bail.
Ashutosh Awasthi
State Of U.P.
Brij Raj Singh
As recorded by the court registry
4 orders share this CNR
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