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Dinesh Kashyap v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3235 of 2005  RD-AH 2691 (6 February 2006)
Criminal Misc. Bail Application No. 3235 of 2005
Dinesh Kashyap . . . . . . . . . . . . . Vs. . . . . . . . . . . . .State of U.P.
The applicant has applied for bail in Case Crime No. 312 of 2004 , under sections 498-A, 304B I.P.C and ¾ Dowry Prohibition Act Police Station Sadar Bazar District Shahjahanpur.
The prosecution case starts with a F.I.R. lodged by Sri Sudhir Kumar Kashyap at Police Station Sadar Bazar District Shahjahanpur on 1.7.2004 at 6.35 P.M. It was stated therein that the marriage of his sister Smt. Nanhi Devi had taken place with the accused Dinesh Kashyap about three months ago and after marriage Dinesh Kashyap was demanding a colour T.V. and Rs.50000/- as dowry and his sister had told him that if his demands are not satisfied , she will be murdered . On 30.6.04 when the informant had gone to the house of the accused, his sister weepingly told him that because of not giving colour T.V. and Rs.50000/- in cash she was being threatened. The informant had requested the accused Dinesh Kashyap to wait for 1- 2 months and assured that he would give colour T.V. and Rs.50000/- in cash . His another brother in law Munnu was also present there at that time. His sister Nanhi Devi wanted to go with the informant but the accused Dinesh Kashyap did not permit her to go with him , and on 1.7.04 he committed her murder and hanged her dead body.
On the basis of above report the police registered a case against the accused . The dead body was sent for post postmortem which was performed on 2.7.04 at 3 P.M. According to the post postmortem report two ante mortem injuries were found on the body of the deceased as under:
1.A contusion 4 cm. X 3 cm. Front of left leg 13 cm. Below left knee.
2.A ligature mark 28 cm. X 1.5 cm. Horizontal continuous below the Thyroid ; Base of Grove. and Raddish Sub cut tissue under the neck echymosed.
The Doctor was of the view that cause of death was Asphyxia as a result of ante mortem strangulation.
The applicant has alleged that he is innocent and he has falsely been implicated. Learned counsel for the applicant submits that the deceased was not his legally wedded wife . Earlier she was married with Uma Shanker and they were separated by a Panchayat . Thereafter an agreement took place between them on 17.3.2004 and on the basis of that agreement Nanhi Devi had started to reside with him. He has further alleged that even after separation from her former husband Uma Shanker used to visit his house , and Nanhi Devi was in a dilemma as to with whom she should reside , and so she committed suicide .
Learned A.G.A. opposed the bail application and he submitted in reply that according to the agreement dated 17.3.2004 the deceased was residing with the accused applicant as his wife and there is no force in the contention of the applicant that since a legal divorce had not taken place between Nanhi Devi and Uma Shankar , the provisions of section 304B I.P.C. are not attracted . He further contended that it is not a case of suicide but homicide as is apparent from the ante mortem injury as well as the ligature mark which were
ntinuously found around the neck and this uninterrupted ligature mark falsifies the allegation of suicide. He submitted that the applicant does not deserve bail.
Without expressing any opinion on the merits of the case , I am of the view that the applicant does not deserve bail. The application is rejected.
However, since it appears from perusal of the record that the case is pending for trial as S.T.No.1348/04 and the applicant has been in Jail for more than one and half year , the trial court shall try to conclude the trial expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order and if trial is not concluded within the aforesaid period for no fault of the accused , the applicant would be at liberty to move a fresh bail application .
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