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Harpal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16692 of 2005 [2006] RD-AH 8580 (28 April 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).


Court No. 54


Har Pal Vs. State of U.P.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri S.P. Singh Raghav, learned counsel for the applicant, Sri Ram Babu Sharma Advocate for the complainant and learned A.G.A. for the State.

Counter affidavits have been filed on behalf of the State and complainant.

The applicant is husband. The deceased died within five months of her marriage. The deceased met with an unnatural death. The argument advanced on behalf of the applicant is that the deceased was taken to the hospital for getting her treated after she has consumed poison. Annexure-5 is an injury report where it is shown that Smt. Savita was brought by her husband and, therefore, it is submitted that in the event, the husband wanted to kill his wife, he would not have taken her for medical assistance. Besides, it is argued that immediately after two days of the incident, the family members of the deceased came to the house of the applicant and took away all the household articles, jewelry and cash, in respect of which, a first information report was registered at case Crime No. 37 of 2005, under Sections 454, 380 I.P.C. Police Station Khanpur, District Bulandshahar which is annexed as Annexure-8 to the affidavit filed in support of the bail application. The subsequent act of looting by the accused in case Crime No. 37 of 2005 is not relevant for consideration of the bail in the present case.

Sri Ram Babu Sharma submitted that no doubt the husband has taken to the deceased in the hospital but she was admitted in the hospital at 9.30 P.M. and she died within ten minutes. At the time of admission in the hospital, her pulse rate was very low. Blood pressure could not be recorded. She was in an unconscious condition and frothing from the mouth was present. In the circumstances, it is only to create the defence she was taken to the hospital.

I have perused the first information report. The allegation of demand of dowry is very much there. The demand of dowry was made soon before the occurrence as it is alleged that four days before, Banti, brother of the deceased had gone to fetch her and demand of Rs. one lac was repeated. It is also alleged that she was subjected to cruelty for non fulfillment of demand of dowry soon before the incident. It is true that the deceased met with an unnatural death within five months of her marriage. Since the applicant is husband, he can not escape from his responsibility. The aforesaid observation shall not be considered to be an opinion on merit. The bail application is rejected.

The learned Sessions Judge, Bulandshahar is directed to expedite and conclude the trial as expeditiously as possible, preferably within a period of six months from the date, a certified copy of this order is produced before him, without granting undue adjournment to either parties unless and until compelling circumstances arise to do so.  




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