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FAROOQ versus STATE OF U.P.

High Court of Judicature at Allahabad

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Farooq v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5103 of 2005 [2006] RD-AH 82 (2 January 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 19

Crl. Misc. Bail Application No. 5103 of 2005

Farooq.....Vs.....State of U.P.

...

Hon'ble Alok Kumar Singh, J.

Counter-affidavit filed and taken on record.

Heard learned counsel for the applicant and also the learned A.G.A.

The applicant is involved in case crime No. 307 of 2004, for the offences under Sections 498-A, 304- B IPC, and ¾ D. P. Act,  Police Station Masoori District  Ghaziabad.

It is alleged that marriage was solemnized within seven years. After the marriage the husband, husband's elder brother and his wife started making a demand of Rs.50,000/- as additional dowry and when the demand could not be fulfilled they started harassing her. Ultimately, on 14.10.2004 they killed the lady, regarding which a resident of village Kalloo Garhi informed the complainant. The father of the victim became unconscious after seeing the dead body. Therefore, the report was lodged by  maternal uncle. The post mortem was conducted on 15.10.2004 wherein three ante mortem injuries ( one abraded contusion 7 cm x 2 cm on the left front of neck, another contusion 16 cm x 1 cm on the middle part of the neck and yet another contusion of 14 cm x 1.2 cm on lower part of the neck) were found. The cause of death was found to be throttling.

Against the genuineness of the prosecution case it was argued on behalf of the applicant that the co-accused ( elder brother and his wife) are living separately and they have been granted bail. It was pointed out that no ante mortem injuries have been found on the wrist or lower part of leg of the victim. It was not possible to kill a young woman of 23 years of age single handedly by applicant by throttling without causing injuries on other parts of the body. It was argued that the main culprit is Rafiq the scribe of the report who used to visit the victim in the absence of her husband applicant. He had procured some obscene photographs and used to blackmail her, due to which she committed suicide by hanging. But this averments have been controverted in the counter-affidavit. At this stage, it is not ascertainable as to whether or not the injuries on the neck of the victim were caused by rope which suicide was committed as suggested on behalf of the applicant. According to post mortem report it was due to throttling. The bail was opposed by the learned A.G.A. on the ground that in the applicant's marriage was admittedly solemnized within seven years and her being unnatural death at in laws residence, the burden lies on the applicant, which he has not been able to discharge at this stage.

The learned counsel for the applicant however, also argued that the applicant is languishing in jail for the last 15 months without any trial.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering with the witnesses, prima facie satisfaction of the Court regarding  proposed evidence and genuineness of the prosecution  case were duly considered.  

In view of the entire facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail at this stage.

The bail application is accordingly rejected.

However, the learned Sessions Judge concerned is directed to conclude the trial expeditiously in accordance with the provisions of the Cr. P.C., preferably within four months.

Dt:2.1.2006

Zh


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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