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Naseem Mansoori v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 18129 of 2005 [2006] RD-AH 7554 (10 April 2006)


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Naseem Mansoori.............................Applicant.


State of U.P............................................Opposite Party.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri U.C. Mishra, learned counsel for the applicant and Sri I.K. Chaturvedi, learned counsel appearing for the complainant and learned A.G.A. for the State.

The applicant is husband.  According to the First Information Report, marriage between the deceased and applicant was solemnized in the month of February, 2000.  This has been disputed by Sri Mishra and according to the Nikahnama, marriage was solemnized in the year 1999.  However, fact is that the occurrence had taken place on 21.5.2005 at 8:30 p.m. i.e. within the seven years of marriage.  First Information Report was registered on the next day at 9:15 a.m.  Argument advanced on behalf of the applicant in respect of date of marriage is on the basis of birth certificate of the first child, which has been annexed along with rejoinder affidavit.  This is again to emphasize that the marriage had taken place in the year 1999 and not in the year 2000.  Post mortem report shows that cause of the death could not be ascertained but the Viscera was preserved and the subsequent report shows that she had consumed poison, which was cause of her death.

Sri I.K. Chaturvedi, Advocate, has emphasized on the ante mortem injury shown in the post mortem report, which is abrasion 2.5 cm. X .5 cm. on the left side of neck 1 cm. below lower border of left mandible.   He has further placed Panchnama to show that there are many injuries but somehow other injuries have not been recorded in the post mortem report.  Besides, Sri Chaturvedi has brought to my notice that after father of the applicant was enlarged on bail, he has been threatening the witnesses and in respect of which, two reports have been registered. Copies of the both reports have been brought to my notice.  

Considering facts and circumstances of the case, I am not inclined to grant bail.  The bail application is rejected at this stage.

Learned Sessions Judge is directed to expedite and conclude the trial in accordance with law expeditiously, preferably, within a period of six months from the date a certified copy of this order is produced before him. It is made clear that no undue adjournment shall be granted to the parties unless and until compelling circumstances exist to do so, that too only after recording reasons in writing.

Dt. 10.4.2006



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